Kerala High Court Expresses Disinclination To Permit Differently Abled To Take Driving License Test

Justice Dinesh Kumar Singh stated "he cannot put the lives of the general public at risk".

“How can you drive a vehicle when you are physically challenged?” enquired the Court.

The petitioner has been physically disabled by birth and his upper right limb is small with three fingers on his right hand.

The Counsel for the petitioner submitted that he is capable to drive a vehicle and requested the Court to direct the Joint Regional Transport Officer to at least assess the petitioner.

The respondents submitted that the petitioner would require vehicles to be specifically modified for driving it.

At this juncture, the Counsel for the petitioner submitted that it would be sufficient to permit him to drive a modified vehicle alone once he attains the license.

The Court then asked the Petitioner to obtain a modified vehicle first.

“Do you have a modified vehicle? If you have a modified vehicle, then only a license can be restricted so that you will drive only this modified vehicle. Today you obtain the license, you drive any other vehicle like BMW….and hit somebody on the road.”

The Court also said that a physical fitness certificate is required. It remarked that it was not convinced and that it could not modify the law to suit the petitioner who is differently abled.

The plea has been moved by Advocates Renjith B.Marar, Lakshmi.N.Kaimal, P.Rajkumar, Keshavraj Nair, Arun Poomulli, Preetha S Chandran , Abhijith Sreekumar, Anand Remesh, Abhiram.S., C.R.Rekha, Gaadha Suresh, Anagha K. Ayriyil

Case Title: Rudranath A S v State of Kerala

Case Number: WPC No. 23297/ 2024