Make tourist spots in Tamil Nadu accessible to persons with disabilities: Madras High Court

The Madras High Court recently directed the Tamil Nadu government to consult with experts, including persons with disabilities, to make tourist destinations across the State accessible for the disabled in accordance with the Rights of Persons with Disabilities Act, 2016 [KR Raja v. The State]. .Justices R Mahadevan and J Sathya Narayana Prasad of the Madurai Bench noted that as per World Health Organisation statistics, 15 per cent of the world's population, and around 2.1 per cent of the population in India lived with some form of disability.The Bench said that such numbers were bound to increase in the coming years, and therefore, it was imperative that the government and local bodies protect the rights of the disabled and ensure their accessibility to "all walks of life.".The Court was hearing a Public Interest Litigation (PIL) filed by a man who said that he suffered from physical disabilities owing to incorrect injections given to him to treat polio when he was a child.The petitioner told the Court that recently, his friends had gone to visit a popular natural waterfall in the State, but he could not join in the fun since, the waterfall did not have facilities to make it accessible for the disabled. He argued that the 2016 Act, and the Tamil Nadu Rights of Persons with Disabilities Act, 2018 mandated that the State authorities make all facilities - including access to tourist spots and recreational areas - available to persons with disabilities..On going through laws and United Nations Conventions safeguarding the rights of persons with disabilities, the Court noted,"Thus, it is evident that the accessibility, effective participation and inclusion in the society are few of the rights for empowerment of persons with disabilities and the same have to be ensured to them, by the Government and local authorities as per law.".The attention of the Court was drawn to the Union Ministry of Tourism's draft guidelines for accessible tourism, which emphasise on the need for accessible tourism to all, including persons with disabilities and elderly people. Also considered was the Kerala government's ‘Barrier-Free Kerala Tourism’ initiative, which has received international recognition. In this light, the Court held,"Considering all those aspects, this court is of the opinion that accessible tourism is integral for equal participation of persons with disabilities in recreation and cultural life, like the other persons. It also applies to the senior citizens and elderly persons to experience and participate fully in their older years. Therefore, this court directs the Government to devise a program expert bodies, which includes persons with disabilities, to make tourist destinations in Tamil Nadu accessible for the disabled in accordance with the standards of accessibility as formulated under section 40 of the RPwD Act and other applicable guidelines.".The Court also directed the State government to publish a "travel guide" of disability-friendly and accessible tourist destinations in Tamil Nadu..Advocate R Alagumani appeared for the petitioner. Government Pleader P Thilak Kumar appeared for the respondents..[Read order]