Should deaf drive? Centre says yes; HC to take call | delhi | Hindustan Times
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Should deaf drive? Centre says yes; HC to take call

delhi Updated: Sep 21, 2009 00:35 IST
Harish V. Nair
Harish V. Nair
Hindustan Times
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Here’s some good news for around 50 million hearing impaired people in the country.The Centre has submitted before Delhi High Court that it is considering allowing those suffering from hearing disability to obtain a driving licence.

The archaic Motor Vehicles Act prohibits the deaf from obtaining a drivers’ licence, saying they could be a “source of danger to the public”.

The court is hearing a public interest litigation (PIL) by the National Association of the Deaf (NAD) seeking a direction to quash the requirement of having “no hearing impairment

for the issuance of driving licence”.

A Bench of Chief Justice Ajit Prakash Shah and Justice Manmohan on Friday recorded the statement by Additional Solicitor General A.S. Chandiok appearing for the Centre that they are considering all the relevant materials and will make appropriate recommendations on issuing driving licences to the hearing impaired. The process is set to be completed in four weeks.

Road Transport and Highways Ministry counsel Jyoti Singh said medical experts are of the view that those who can hear sound up to 60 decibels with the use of hearing aid can be permitted hold a driving licence for private vehicles, while those with hearing level up to 40 decibels with hearing aid can be allowed to drive commercial vehicles.

Singh said a specially constituted high-powered committee of the ministry will soon meet to discuss the issue.

Delhi cops back plan

The PIL also draws strength from views expressed by Delhi Police on its website that deafness does not render one incapable of driving safely. “There is no reason why deaf people should not be allowed to drive,” the website says. But it suggests use of additional rearview mirrors by this category of drivers

The NAD said the deaf are allowed to drive all over the world, except in 26 countries.

In the UK, Australia, Germany, Belgium, Thailand and Malaysia authorities insist on special double rear-view mirrors. In Malaysia and Sri Lanka this category of drivers are to indicate the handicap by putting a sticker on the back of the car so that other drivers do not hoot at the driver. But they are not allowed to drive commercial or passenger vehicles.

Senior lawyer and human rights activist Colin Gonsalves, who represented the NAD, told the court that discrimination against the deaf in India was a clear violation of Article 14 of the constitution.

“A deaf person with an international driver’s licence is able to drive in India, then why should an Indian deaf national be denied this right? The Constitution demands equality for all before the law,” he said.