The Supreme Court on Friday directed the Centre to
implement mandatory accessibility standards within three months, in a
significant order aimed at improving access to public spaces for persons with
disabilities.
The order by a three-judge bench headed by Chief
Justice D Y Chandrachud comes in response to slow progress on the accessibility
directives issued by the court in a judgement on December 15, 2017.
The bench, also comprising Justice J B Pardiwala and
Manoj Misra, underscored the necessity of "meaningful access" for
disabled persons to public spaces and mandated a two-pronged approach: adapting
existing infrastructures to accessibility standards, and ensuring that all new
infrastructure is designed to be inclusive from the outset.
The bench found that one of the rules of the Rights
of Persons with Disabilities (RPWD) Act does not establish enforceable,
compulsory standards, but rather, it relies on self-regulation through
guidelines.
While acknowledging that accessibility rights are
subject to progressive realisation, it stated that a baseline of non-negotiable
standards is essential to make public spaces truly inclusive.
It recommended that these mandatory rules be
distinct from broader guidelines, with specific standards that can be legally
enforced.
The Center for Disability Studies at NALSAR
University of Law, in Hyderabad, has been tasked with assisting the government
in developing these new standards.
The guidelines will also need to ensure compliance through mechanisms such as
withholding completion certificates and imposing fines for non-compliance.
The Carlton Business School (CBS), a part of
NALSAR's Department of Management Studies, was instrumental in conducting a
comprehensive assessment of the current accessibility landscape, it said.
The bench expressed its appreciation for CBS's
efforts, directing the Centre to compensate CBS with Rs 50 lakh for the
extensive work they completed using their own resources.
The Ministry of Social Justice and Empowerment has
been ordered to disburse this amount by December 15, 2024.
The bench adjourned hearing on the PIL filed by
Rajive Raturi, seeking directions to ensure meaningful access to public spaces
for persons with disabilities, matter until March 7, 2025.
It asked the Centre to report on the progress made
toward implementing the directives.