Case Note & Summary
The present public interest petition was filed by N Shreyas, a visually impaired individual, and Shreyas Global Trust for Social Cause, seeking a writ of mandamus to direct the Bangalore Metropolitan Transport Corporation (BMTC) to resume the Audio Announcement System in its buses. The petitioners argued that the discontinuance of audio announcements severely affected the ability of persons with disabilities, particularly the visually impaired, to use public transport independently. The respondents, including BMTC, Karnataka State Road Transport Corporation, and the State of Karnataka, opposed the petition. The court, after hearing arguments, held that the right to accessibility for persons with disabilities is a statutory right under the Rights of Persons with Disabilities Act, 2016, and the discontinuance of audio announcements violated this right. The court directed the respondents to resume the audio announcement system within a reasonable time, emphasizing that public transport must be accessible to all.
Headnote
A) Public Interest Litigation - Locus Standi - Right to Accessibility - The petitioner, a visually impaired individual and a trust, filed a PIL seeking resumption of audio announcements in BMTC buses. The court held that the petitioner had locus standi as the cause concerned the rights of persons with disabilities, a matter of public interest. (Paras 1-2)
B) Rights of Persons with Disabilities Act, 2016 - Right to Accessibility - Sections 45, 46 - Audio Announcement System - The court held that the discontinuance of audio announcements in BMTC buses violated the right to accessibility guaranteed under the Act. The court directed the respondents to resume the audio announcement system within a reasonable time. (Paras 3-5)
Issue of Consideration
Whether the discontinuance of the Audio Announcement System in BMTC buses violates the right to accessibility of persons with disabilities under the Rights of Persons with Disabilities Act, 2016, and whether a writ of mandamus can be issued to direct its resumption.
Final Decision
The court allowed the petition and directed the respondents to resume the Audio Announcement System in BMTC buses within a reasonable time.
Law Points
- Public Interest Litigation
- Locus Standi
- Right to Accessibility
- Persons with Disabilities
- Audio Announcement System
- Public Transport
- Mandamus
- Rights of Persons with Disabilities Act
- 2016
- Section 45
- Section 46
Case Details
WP No. 10744 of 2022 (GM-RES) PIL
N. V. Anjaria, Chief Justice, K. V. Aravind, Justice
Sri N. Shreyas (for petitioners), Sri P.D. Surana (for respondent nos.1 and 2), Smt. Niloufer Akbar (for respondent nos.3 and 4)
N Shreyas and Shreyas Global Trust for Social Cause
The Bangalore Metropolitan Transport Corporation, The Karnataka State Road Transport Corporation, The State of Karnataka through Department of Transport, The State of Karnataka through Department of Women and Child Development
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Nature of Litigation
Public Interest Litigation seeking resumption of Audio Announcement System in BMTC buses for the benefit of persons with disabilities.
Remedy Sought
Writ of mandamus directing respondent no.1 to resume the Audio Announcement System in BMTC buses.
Filing Reason
Discontinuance of Audio Announcement System in BMTC buses, which affected the accessibility of persons with disabilities, especially visually impaired individuals.
Issues
Whether the discontinuance of Audio Announcement System in BMTC buses violates the right to accessibility of persons with disabilities under the Rights of Persons with Disabilities Act, 2016.
Whether a writ of mandamus can be issued to direct the resumption of the Audio Announcement System.
Submissions/Arguments
Petitioners argued that the discontinuance of audio announcements severely affected the ability of persons with disabilities to use public transport independently.
Respondents opposed the petition, but the court found merit in the petitioners' cause.
Ratio Decidendi
The right to accessibility for persons with disabilities is a statutory right under the Rights of Persons with Disabilities Act, 2016, and public transport must be accessible to all. The discontinuance of audio announcements violates this right, and a writ of mandamus can be issued to enforce it.
Judgment Excerpts
The present public interest petition is an instance where the locus standi of the petitioner as public interest petition as well as the cause sought to be espoused, ideally fit in within the concept of public interest and the norms for exercise of public interest jurisdiction.
The subject matter and the cause advanced is about the right to accessibility for the persons with disability in terms of availing them the facility in the area of public transport utility through operation of Audio Announcement System in buses.
Procedural History
The writ petition was filed under Articles 226 and 227 of the Constitution of India. It came up for orders and was disposed of by oral judgment on 15 November 2024.
Acts & Sections
- Rights of Persons with Disabilities Act, 2016: 45, 46
- Constitution of India: 226, 227
