Centre must establish mandatory accessibility norms for specially abled: SC

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.