NEW DELHI, Nov 8: The Supreme Court has directed the Centre to establish mandatory accessibility standards within three months, a move aimed at enhancing access to public spaces for persons with disabilities.
The order, issued by a three-judge bench led by Chief Justice D Y Chandrachud, addresses the slow progress in implementing accessibility directives outlined in a 2017 ruling. Justices J B Pardiwala and Manoj Misra were also part of the bench.
The Court stressed the importance of “meaningful access” to public spaces for disabled persons. It outlined a two-pronged approach to achieve this: modifying existing infrastructure to meet accessibility standards, and ensuring that all new infrastructure is designed inclusively from the start.
The bench pointed out that one of the provisions in the Rights of Persons with Disabilities (RPWD) Act lacks enforceable, compulsory standards, relying instead on self-regulation through guidelines. While recognizing that accessibility rights evolve progressively, the Court emphasized the need for non-negotiable baseline standards to ensure inclusivity in public spaces.
The Court recommended that these mandatory rules be distinct from general guidelines, with specific standards that are legally enforceable. To assist in the development of these standards, the Center for Disability Studies at NALSAR University of Law in Hyderabad has been tasked with the responsibility.
The new guidelines will include compliance measures such as withholding completion certificates and imposing fines for non-compliance. The Carlton Business School (CBS), part of NALSAR’s Department of Management Studies, was instrumental in assessing the current accessibility landscape, and the Court commended its efforts.
The bench ordered the Centre to compensate CBS with Rs 50 lakh for their extensive work, which was carried out with their own resources. The Ministry of Social Justice and Empowerment has been directed to disburse this amount by December 15, 2024.
The Court has adjourned the hearing of the Public Interest Litigation (PIL) filed by Rajive Raturi, seeking enhanced access to public spaces for persons with disabilities, until March 7, 2025. It also asked the Centre to report on the progress of implementing the accessibility directives by that date.
