The Supreme Court of India has pronounced a judgment upholding the rights of persons with disabilities (PwDs). It has also directed the government to take immediate steps to ensure accessibility in public spaces and services. This judgment was pronounced by a bench comprising of Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra on November 8, 2024.
Facts of the Case
Rajive Raturi, a visually challenged person working with a human rights organisation, filed the petition. He instituted a Writ Petition before the Supreme Court in 2005 seeking directions to the respondents to take certain measures towards ensuring safety and accessibility in public spaces, such as roads, public transport and other facilities for visually challenged persons.
Pursuant to the directions of the Court, the NALSAR-CDS was directed to submit a report on steps to make all State and Central Government buildings, airports, railway stations, public transport carriers, all Government websites, all public documents and the ICT ecosystem fully accessible to PWDs.
In response to this direction, NALSAR-CDS submitted a report titled “Finding Sizes for All: A Report on the Status of the Right to Accessibility in India” to the Supreme Court.
Key Points of the Judgment
The Court ruled that Rule 15 of the Rights of Persons with Disabilities Rules, 2017, which outlines accessibility standards, is beyond the authority of the RPwD Act. Additionally, Court found that the rule lacks mandatory compliance and is more akin to guidelines than enforceable rules.
“Rule 15, in its current form, does not provide for non-negotiable compulsory
standards, but only persuasive guidelines. While the intention of the RPWD Act
to use compulsion is clear, the RPWD Rules have transformed into selfregulation by way of delegated legislation. The absence of compulsion in the
Rules is contrary to the intent of the RPWD Act.“
Moreover, the Court directed the Union Government to formulate mandatory, non-negotiable accessibility standards to ensure compliance with the RPwD Act. The Court also emphasized the importance of enforcing these standards and holding accountable those who fail to comply.
It reiterated the importance of reasonable accommodation, which involves making specific adjustments to meet the needs of individuals with disabilities.
The Court stressed the need for a proactive approach to accessibility, with a focus on designing buildings and services that are accessible from the outset.
Further, it recognized the valuable contribution of the National Academy of Legal Studies and Research (NALSAR) and its Center for Disability Studies (CDS) in providing expert insights and recommendations.
Implications of the Judgment
In conclusion, this judgment is a significant step forward in ensuring accessibility for PwDs in India. It mandates the government to take concrete actions to create a more inclusive society. The implementation of mandatory accessibility standards will have a profound impact on the lives of millions of PwDs, enabling them to participate fully in all aspects of society.
