Kerala HC directs State to ensure differently-abled access to city roads; terms failure to maintain public spaces for their use a serious lapse

In a significant judgment, the Kerala High Court has directed the Municipal Corporation of the city of Kochi to ensure that the differently-abled have access to city-roads. (P.A. Mary Anitha v. Corporation of Kochi).A Bench of Chief Justice S Manikumar and Justice Shaji P Chaly were hearing a PIL petition instituted by one Dr PA Mary Anitha, Chairperson of a Non-Governmental Organisation that works with differently-abled children..Holding that the rights of the differently-abled stemmed from Article 21 of the Constitution, the Division Bench emphasized that the Constitution cast a duty upon the State to promote the welfare of its citizens, which included the special and essential requirements of the differently-abled.."We have no hesitation to hold that differently abled people like any other citizens are entitled to enjoy the fruits of life and liberty guaranteed under article 21 of the constitution of India. They are also entitled to enjoy the other fundamental rights guaranteed to the citizens under the Constitution to the extent possible for them."Kerala High Court.Continuing on this theme, the Bench declared that any failure on the part of the State Government or the authority concerned was "a serious and unpardonable lapse" justifying a Writ Court's interference..The Court also emphasized that Article 243W, read with Entry 9 of the Twelfth Schedule required Municipal Committees/Corporations to safeguard the interests of weaker sections of the population, which included the differently-abled.."...the Cochin Corporation is obligated to discharge the statutory duties mandatorily taking into account the Constitutional duties and responsibilities to protect the interests of the differently abled persons."The Bench held.In this light, the Court directed the Corporation of Cochin and the Public Works Department to make footpaths and roads accessible to the physically-challenged by providing ramps and making repairs..The various State parties controlling roads in the city, that is the Kochi Metro Rail Corporation, the Cochin Smart Mission Project, the Public Works Department, and the Corporation submitted in Court that some effort had been taken towards making public roads and pathways safer for pedestrians and the physically challenged. They admitted, however, that more remained to be done..The Court thus stated:."No doubt, appropriate ramps should be provided enabling the differently abled people to pass through the footpaths, and clearance of all obstructions are essentially required to cater the needs of the pedestrians and more importantly the differently abled.".With this, the Court disposed of the PIL. .Dr Anitha's petition was filed through Advocates MA Vaheeda Babu, Amrin Fathima, Avinash P Raveendran, KM Faisal, Rahul Roy, and PU Vinod Kumar..Read the Judgment: