High Court of Karnataka Directs BMTC to Resume Audio Announcement System in Buses for Persons with Disabilities — Right to Accessibility Under Rights of Persons with Disabilities Act, 2016 Upheld. The court held that discontinuation of audio announcements violates the right to accessibility of persons with disabilities under the Rights of Persons with Disabilities Act, 2016, and issued a writ of mandamus for resumption.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Prosecution
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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) and other respondents to resume the Audio Announcement System in BMTC buses. The petitioners contended that the discontinuation of the system violated the right to accessibility of persons with disabilities under the Rights of Persons with Disabilities Act, 2016. The respondents, including BMTC, Karnataka State Road Transport Corporation, and the State of Karnataka, opposed the petition. The court, comprising Chief Justice N. V. Anjaria and Justice K. V. Aravind, held that the petitioner had locus standi and that the cause advanced was in public interest. The court observed that the right to accessibility under the Act includes the provision of audio announcements in public transport to enable persons with disabilities to avail the facility. The discontinuation of the system was a violation of this right. Consequently, the court issued a writ of mandamus directing the respondent transport corporations to resume the Audio Announcement System in all buses within a specified timeframe.

Headnote

A) Public Interest Litigation - Locus Standi - Right to Accessibility - The petitioner, a visually impaired individual and a trust, sought resumption of Audio Announcement System in BMTC buses for persons with disabilities. The court held that the petitioner had locus standi as the cause advanced was in public interest and fell within the ambit of public interest jurisdiction. (Paras 1-2)

B) Rights of Persons with Disabilities Act, 2016 - Right to Accessibility - Audio Announcement System - The court held that the right to accessibility under the Act includes the provision of audio announcements in public transport to enable persons with disabilities to avail the facility. The discontinuation of the system was a violation of this right. (Paras 1.1-1.2)

C) Constitutional Law - Article 226 - Mandamus - The court issued a writ of mandamus directing the respondent transport corporations to resume the Audio Announcement System in all buses within a specified timeframe, as the failure to do so infringed upon the fundamental rights of persons with disabilities. (Paras 2-3)

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Issue of Consideration

Whether the discontinuation 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.

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Final Decision

The court allowed the petition and issued a writ of mandamus directing the respondent transport corporations to resume the Audio Announcement System in all buses within a specified timeframe.

Law Points

  • Public Interest Litigation
  • Locus Standi
  • Right to Accessibility
  • Persons with Disabilities
  • Audio Announcement System
  • Mandamus
  • Rights of Persons with Disabilities Act
  • 2016
  • Article 226
  • Article 227
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Case Details

NC: 2024:KHC:46551-DB

WP No. 10744 of 2022 (GM-RES) PIL

2024-11-15

N. V. Anjaria, Chief Justice, K. V. Aravind, Justice

NC: 2024:KHC:46551-DB

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

Bangalore Metropolitan Transport Corporation, Karnataka State Road Transport Corporation, State of Karnataka through Department of Transport, 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 persons with disabilities.

Remedy Sought

Writ of mandamus directing respondent no.1 to resume the Audio Announcement System in BMTC buses.

Filing Reason

Discontinuation of Audio Announcement System in BMTC buses, which violated the right to accessibility of persons with disabilities.

Issues

Whether the petitioner has locus standi to file the public interest petition? Whether the discontinuation of the Audio Announcement System 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 directing the resumption of the Audio Announcement System?

Submissions/Arguments

Petitioners argued that the Audio Announcement System is essential for persons with disabilities to access public transport, and its discontinuation violates their rights under the Rights of Persons with Disabilities Act, 2016. Respondents opposed the petition, but the judgment does not specify their arguments.

Ratio Decidendi

The right to accessibility under the Rights of Persons with Disabilities Act, 2016 includes the provision of audio announcements in public transport to enable persons with disabilities to avail the facility. Discontinuation of such system 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 on 15th November 2024, and judgment was delivered the same day.

Acts & Sections

  • Rights of Persons with Disabilities Act, 2016:
  • Constitution of India: Articles 226, 227
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High Court High Court of Karnataka Directs BMTC to Resume Audio Announcement System in Buses for Persons with Disabilities — Right to Accessibility Under Rights of Persons with Disabilities Act, 2016 Upheld. The court held that discontinuation of audio announ...
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