Case Note & Summary
This judgment arises from a writ petition filed in 2005 by Rajive Raturi, a visually challenged person, seeking directions to ensure meaningful access to public spaces for persons with disabilities. On 15 December 2017, the Supreme Court issued a judgment with eleven action points under the Rights of Persons with Disabilities Act, 2016 (RPWD Act) and the Accessible India Campaign. Due to slow compliance, the Court appointed the Centre for Disability Studies, NALSAR University of Law (NALSAR-CDS) to assess the situation and recommend steps. NALSAR-CDS submitted a report titled 'Finding Sizes for All: A Report on the Status of the Right to Accessibility in India'. The Court examined the international framework on accessibility, including the UN Convention on the Rights of Persons with Disabilities (UNCRPD), and reaffirmed accessibility as a human right integral to dignity and equality. It adopted a social model of disability and a two-pronged approach: integrating universal design from the outset and removing existing barriers through reasonable accommodation. The Court identified inconsistencies in the legal framework, particularly between Rule 15 of the RPWD Rules and Section 40 of the RPWD Act, and directed amendment of Rule 15. The Court noted widespread non-compliance by States and Union Territories with the 2017 judgment and directed strict compliance, with personal appearance of Chief Secretaries for default. The Court also directed continued monitoring by NALSAR-CDS and further steps to ensure accessibility in all public spaces, including government buildings, transport, ICT, and websites.
Headnote
A) Disability Law - Accessibility - Right to Accessibility - Rights of Persons with Disabilities Act, 2016, Sections 40-46 - The court reaffirmed accessibility as a fundamental right integral to dignity and equality, adopting a social model of disability. It held that accessibility is a cross-cutting right under the UNCRPD and must be ensured through universal design and reasonable accommodation. (Paras 12-22) B) Disability Law - Accessibility - Two-Pronged Approach - Rights of Persons with Disabilities Act, 2016 - The court mandated a two-pronged approach: (i) integrating universal and inclusive design from the outset, and (ii) removing existing barriers through retrofitting and reasonable accommodation. This approach ensures both proactive and reactive measures to achieve accessibility. (Paras 16-22) C) Disability Law - Accessibility - Inconsistency in Legal Framework - Rights of Persons with Disabilities Act, 2016, Section 40; Rights of Persons with Disabilities Rules, 2017, Rule 15 - The court identified an inconsistency between Rule 15 of the RPWD Rules and Section 40 of the RPWD Act, as Rule 15 imposes a lower standard of accessibility than the Act. The court directed that Rule 15 be amended to align with the Act's mandate of full accessibility. (Paras 42-47) D) Disability Law - Accessibility - Compliance and Monitoring - Rights of Persons with Disabilities Act, 2016 - The court noted widespread non-compliance by States and Union Territories with the 2017 judgment and directed strict compliance with timelines, personal appearance of Chief Secretaries for default, and continued monitoring by NALSAR-CDS. (Paras 3-7, 48-51)
Issue of Consideration
Whether the Union of India, States, and Union Territories have complied with the directions of this Court dated 15 December 2017 regarding accessibility for persons with disabilities, and what further steps are required to ensure meaningful access to public spaces.
Final Decision
The Court directed strict compliance with the 2017 judgment, amendment of Rule 15 of the RPWD Rules to align with Section 40 of the RPWD Act, and continued monitoring by NALSAR-CDS. States and Union Territories were directed to file compliance affidavits in the stipulated format within three weeks, failing which Chief Secretaries would be personally present. The Union of India was directed to ensure cooperation and reimbursement of expenses to NALSAR-CDS.
Law Points
- Accessibility as a human right
- Social model of disability
- Universal design
- Reasonable accommodation
- Two-pronged approach to accessibility
- Inconsistency between Rule 15 and RPWD Act
