The Supreme Court has instructed the government to set mandatory accessibility standards to enforce the Rights of Persons with Disabilities Act, moving away from just suggestive guidelines.
The Supreme Court has ruled that a provision in the Rights of Persons with Disabilities Rules, 2017, which sets standards for accessibility for people with disabilities, is beyond the authority of the RPwD Act. The Court found that many of its rules seem to be merely suggestions disguised as mandatory requirements. This goes against the purpose of the Act, which aims for strict compliance. A three-judge panel, including Chief Justice Dr. D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, stated, “Rule 15, as it stands, does not establish firm standards but only offers guidelines. While the RPwD Act clearly intends to enforce compliance, the RPwD Rules have turned into self-regulation through delegated legislation. The lack of enforceable rules contradicts the RPwD Act’s intent.” The Court instructed the Union Government to create mandatory “non-negotiable” rules to guarantee accessibility for individuals with disabilities. Once these rules are established, the Union Government, along with States and Union Territories, must ensure that penalties for non-compliance, such as withholding completion certificates for buildings, are enforced.
This ruling came from a Writ Petition filed in 2005 by Rajive Raturi, a visually impaired individual working with a human rights organization. The petition requested the government to implement measures for safety and accessibility in public areas, including roads and public transport, for visually impaired people.
In December 2017, the Court issued a Judgment outlining eleven action points related to the RPwD Act and the Accessible India Campaign. The Union Government, along with States and Union Territories, was instructed to submit compliance affidavits. However, many States and Union Territories only submitted their affidavits after reminders from the Court, and some did not follow the required format. On 29 November 2023, the Court observed that there had been multiple Orders regarding the slow progress of the Union, States, and Union Territories in applying the RPwD Act. The Court believed a thorough review was needed to understand the current situation.
The Court tasked the Centre for Disability Studies (CDS) at the National Academy of Legal Studies and Research (NALSAR) with preparing a report on necessary actions to align with the guidelines and the Accessible India Campaign. This includes making all government buildings, airports, railway stations, public transport, government websites, public documents, and the Information and Communication Technology ecosystem fully accessible to persons with disabilities (PWDs). NALSAR-CDS was given six months to submit this report. Following these instructions, a report titled ‘Finding Sizes for All: A Report on the Status of the Right to Accessibility in India’ was created, which included surveys, expert interviews, and personal accounts highlighting accessibility challenges in various areas.
The Court established four key accessibility principles to consider during the process:
- Universal Design: The guidelines should focus on universal design, ensuring that spaces and services are usable by everyone without the need for special adaptations.
- Comprehensive Inclusion Across Disabilities: The rules must address a variety of disabilities, including physical, sensory, intellectual, and psychosocial. This includes specific conditions like autism, cerebral palsy, and sickle cell disease.
- Assistive Technology Integration: There should be a requirement to include assistive technologies, such as screen readers and accessible digital interfaces, to guarantee accessibility in both public and private sectors.
- Ongoing Stakeholder Consultation: The process should involve regular discussions with people with disabilities and advocacy groups to include their experiences and insights.
NALSAR-CDS mentioned that they prepared the report using their own resources and did not seek financial support from the Ministry of Social Justice and Empowerment. The Court ordered the Ministry to pay NALSAR-CDS Rs. 50 lakh as compensation for their timely and thorough work. This payment must be made by 15 December 2024. The Court postponed the Writ Petition to 7 March 2025, by which date the Union Government must report back to the Court.
Cause Title: Rajive Raturi v. Union of India [Writ Petition (C) No. 228 of 2006]
