The National Human Rights Commission (NHRC) has issued a notice to the Railway Board chairman related to a complaint that a 2010 policy in the Indian Railway Catering and Tourism Corporation (IRCTC) changed the reservation structure in catering and service tenders in a way that violated constitutional principles of equality.
The complaint blames discrimination towards SC/ST/OBC bidders
As per the case proceedings dated January 5, the complaint stated a “tender policy” brought in 2010 altered the existing reservation categories. The petitioner claimed that benefits that were meant for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBCs) were reduced. On the other hand, a “separate reservation benefit” was extended to the Muslim community. was created for Muslims, which he argued is not provided in the Constitution.
The complainant, Vinay Joshi from Maharashtra, has requested the NHRC to take notice of the case and have the policy scrapped. He also appealed to the Commission to “issue necessary directions” to the authorities and “abolish” the policy on an urgent basis.
Joshi claimed that the policy has also harmed bidders from these communities by denying them equal opportunity in tender allocation. He described the initiative as a “politically motivated” reservation and sought action against the official concerned.
NHRC steps in
The NHRC also noted that the allegations appear to involve “violations of the human rights of the victims.” A bench of the Commission led by member Priyank Kanoongo has taken cognisance of the complaint under Section 12 of the Protection of Human Rights Act, 1993. The registry has been directed to send a notice to the Railway Board chairman. The board has been asked to probe the allegations and to submit an action-taken report within two weeks for the commission’s perusal.
As per the complaint, the 2019 IRCTC tender policy reportedly allocated 3 percent reservation for minorities in categories A, B and C and 9.5 percent in categories D, E, and F for catering and canteen contracts, IANS reported. The report also notes that the complaint was registered by activist group Legal Rights Observatory, which argued that the initiative resulted in appeasement and hurt the rights of SC/ST/OBC categories.