Kerala High Court Upholds Free Bus Travel Scheme for Women and Transgender Persons
The Kerala High Court has upheld the state’s decision to implement the ‘Priyadarshini Scheme,’ which offers free bus rides for women and transgender individuals on ordinary Kerala State Road Transport Corporation (KSRTC) buses. This decision came on Monday as the court dismissed a Public Interest Litigation (PIL) challenging the legitimacy of the government order that introduced the scheme.
The Division Bench, comprising Chief Justice Soumen Sen and Justice Syam Kumar VM, reviewed the PIL filed by Muhammed Firdouz, titled Muhammed Firdouz v. State of Kerala & Ors. The petitioner argued that the scheme was arbitrary and discriminatory, violating Articles 14 and 15 of the Indian Constitution. According to Firdouz, the scheme lacked criteria such as income level or residential qualifications, and it did not address any specific disadvantages that warranted the subsidy.
The petitioner further highlighted the financial implications of the scheme, estimating it would cost the state exchequer approximately ₹2 crores daily, or around ₹800 crores annually. He criticized the government for imposing this financial burden on KSRTC, which already receives ₹1,500 crores yearly in state support. The PIL noted that the government had directed KSRTC to develop non-fare revenue sources, acknowledging the scheme’s financial impact.
Firdouz argued that Article 15(3) of the Constitution, which allows for special provisions for women and children, could not be used to justify a universal subsidy for all women, regardless of their socio-economic background. He also claimed that the scheme, approved during the first cabinet meeting of the newly-formed UDF government led by Chief Minister VD Satheesan, lacked any prior policy study, financial impact analysis, or public consultation.
The petitioner contended that the scheme, originating from an election manifesto and formalized without detailed policy reasoning, represented an exercise of political power at the taxpayers’ expense and violated citizens’ fundamental rights.
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In defense, the Kerala government argued that similar gender-based affirmative action policies are implemented in other states and have been endorsed by the Supreme Court of India. The court’s decision to dismiss the PIL reaffirms the state’s authority to implement such schemes in pursuit of social welfare.
