No new public buildings can come up unless it provides facilities to enable access for persons with disabilities: Madras High Court

The Madras High Court on Monday emphasised that no new public buildings can be constructed, planned, or sanctioned unless it has facilities ensuring access for persons with disabilities (M Karpagam v. Commissionerate for the welfare of differently abled and ors)..The Court observed that it is imperative that all public buidings, including courts, have access so that they may be used by persons with disabilities. Toilets must also be installed in public buildings which may be used by persons with disabilities, the Court added. ."The respondents are reminded that no new public buildings may be constructed or sanctioned or planned without providing access for persons with disabilities without ensuring toilets and other facilities for such persons," the Court's order stated..The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was dealing with a public interest litigation (PIL) petition moved by M Karpagam. Earlier this year, the Court had asked the State to file a report on how far public buildings are accessible for differently abled persons. .Are government buildings, public places easily accessible to persons with disabilities? Madras High Court asks State to respond.A status report was, accordingly, filed by the government. However, the Court noted on Monday that the report does not indicate whether buildings across Tamil Nadu can be accessed by persons with disabilities. ."Since the status report now filed does not indicate the measures taken or the buildings where access for persons with disabilities have been provided, let the matter stand over for two months for more details report to be filed," the Court ordered today..The Bench further emphasised that the concerned authorities, particularly the public works department and its officials, should be acquainted with the governing statute (the Rights of Persons with Disabilities Act, 2016) and the National Building Code to ensure that all instructions contained in the same are adhered to without any exception..During the course of the hearing, Chief Justice Banerjee also informed that during his visits to lower courts, he had taken note of at least two lower court buildings that were not disabled-friendly. .He added that he has instructed the Principal District Judges to ensure that courts get ramps installed. The Chief Justice added that courts should also have at least one toilet close to the entrance on the ground floor that is disabled-friendly. On a related note, the Court recalled that it had also directed the State Transport Department, last month, to ensure that no new buses are procured unless they are disabled-friendly. ."Take comprehensive measures to make all public buildings, particularly where citizens are likely to come, they must be disabled friendly." the Chief Justice told the State today..Advocate R Prabhakaran appeared for the petitioner. The case was adjourned by eight weeks and will be taken up on September 13. .[Read Order]