So, finally I won!

As I said in my last post, I had to file an RTI appeal with the DC of the Transport Department of the Delhi government. The MLO at Vasant Vihar had refused to give me the Driving License for two wheeler motorbike and LMVs. My RTI appeal had enough evidence that the MLO was wrong and that there is no such ruling in the Motor Vehicle Act of the Govt. of INdia that disallows a handicapped person to drive. I was right. The DC, Mr. Ajay Chagti, replied as I expected. In his answer to my RTI, he said that a one eyed person is allowed to hold a Driving License given that he furnishes the medical certificate as I had furnished.

The reply came to me last Saturday. I went to the MLO at Vasant VIhar again and showed him the reply of the DC. He was still not sure what to do. He had not yet got his copy of the RTI answer. So he asked me wait for a few more days. I went there today again, this time, without any hassle they had given in. They gave me a learner's license for both the two-wheeler motor bike and LMVs for six months.
As you might be aware, I have been driving a two wheeler for more than five years now, on my previous license. But this license is scheduled to expire. That is why I had applied for this new license.

The Crux of the Matter

The crux of the matter is that I was made to feel discriminated and inferior to others. This was all due to the negligence of the very officers who are supposed to be the experts of it. I had applied for this learner's license in December last year. They asked me first to get the Medical Certificate.

Getting a Medical Certificate

I went to the AIIMS first to get the Medical Certificate from the doctor there. I showed the guys there my case and asked them to furnish the details on the form as they found after testing my visibility and sign the form. The doctor there saw everything. But he refused to give me the certificate. The doctor was so insensitive that he simply said that I cannot be allowed to have any kind of driving license. This was the height of everything I could bear.

I asked the doctor what reason does he have to say that. On this he said about the depth perception, peripheral vision and three dimensional vision. He said that I had all of these three qualities reduced than a normal vision person. Upon my asking whether there is any test to certify this, he simply ignored it and said that I will not be allowed to get that.

I knew that this pitiable guy is just a selfish dick who does not have any sympathy with the very patients whom they exploit to nurture their bellies.

I returned and did not know where to get that certificate. Then I thought of getting suggestion from some other doctors about what this doctor at AIIMS had said. I went to Fortis Hospital at Vasant Kunj which has become my favourite hospital in the last three years. I went to meet the opthalmologist there. This was a young guy about my age. I told him my case and asked for his advice. He listened me and first asked to me get the consulting fee deposited. :) Well, to get some advice from a doctor, you need to do that. I had not done it. So I got the fee deposited and got an OPD card to consult him. He tested my eye. I hate the procedures of throwing beams of light on to my retina. It makes me sick. (It would do the same for anybody). After the tests he said that he cannot furnish me the certificate as he is no government doctor. I asked him whether he knew any government doctor would do this. He said I had no problem in getting that Medical Certificate issued to me. But he shirked from giving any of his personal contacts in the government hospitals. I came back.

A few months had passed. I contacted the eye specialist at my university and told him my case. I had read the terms of the Medical Certificate and found that there are no terms upon which I fail. For instance it requires you to see things like number plates with or without glasses at a distance of 25 metres clearly. I can do that without glasses as my left eye is perfectly fine. It never mentions anything about depth perception or 3D vision. I showed all these points to the doctor, a senior doctor in his fifties, at my university health centre. He tested me for all these and colour blindness. He found me perfect and so he had no problem in signing that medical certificate. He did not have any qualms about this.

I was so relieved.

The Denial of the MLO

The very next day I went to the MLO office at Vasant Vihar again i.e. on 19th March, 2010. It was today that this MLO simply said that I cannot be allowed to have a DL. Despite my showing this Medical Certicate by a government doctor at Safdarjung Hospital and the University Health Centre. I felt so discriminated. I asked this guy whether there is any law that denies this. He said there are. I asked him to show me that. And he asked me to file an RTI.

I had no other options. So, thanks to the RTI Act 2005, I filed an RTI. The MLO repled my questions in denial. I knew that he was wrong. Yet I thought he might have some other info like ordinances that particularly denies this. So I better thought to appeal against it. I already had made up my mind that I will take this case to the courts if I am denied. But thankfully, the appeal worked. The appeal was heard by the DC Ajai CHagti and he answered in favour of me.

What did I learn?

Now that I have got the license, I reflect on this. Why this happened to me. I am just a common man. If I have lost the vision in an eye, this does not make me a handicapped person in the eyes of the Constitution. The Constitutiion of India says that to be a handicapped, you need to have a handicapped percentage reaching at least 40% or above. With the loss of vison in an eye and having another eye as normal, I get a handicapped percentile of 30. That does not make me a handicapped so far as the constitution goes. Whatever I have done so far, I never looked for any privileges because of this handicap of mine. I am considered as a general candidate in any of the government offices I have a record of. So why this discrimination?

Although I am sarisfied that I won this time, but I was made to feel for the first time that I might need to spend extra time and energy to seek even basic amenities a common citizen enjoys in this country called India. But I have no qualms, I am ready for that as I love life as it is. Living a life for the past ten years as a person with just one working eye has really been interesting. Will share more on this with you in other posts. Keep in touch with me here!

I had had several requests to give to the concerned people a copy of the RTI reply I got from the Deputy Commissioner, Delhi Transport Office with regard to my case. So, I have scanned his reply which can be found by clicking here.