The Supreme Court has issued a slew of time-bound directions aimed at the meaningful implementation of the Rights of Persons with Disabilities Act, 2016 (Disabilities Act)..A Division Bench of Justices AK Sikri and Ashok Bhushan called for the compliance of specific measures in this regard while disposing of a PIL filed in 2005 on behalf of persons with disabilities. The writ petitions had been filed calling for proper and adequate access to public places for differently-abled persons..The petitioners emphasised that the rights of disabled persons were well recognised in Internationally recognised standards as well as the Indian Constitution in Articles 19 (1) (d), 21 and 41..Besides, it was made a matter of statutory duty under the Disability Act, 1995. This Act in turn was replaced by the 2016 Rights of Persons with Disabilities Act, which also provided for similar mandates, including the creation of accessible environments in educational spaces, health care institutions, transport systems, information and communication systems..An important distinguishing feature of the 2016 Act, however, was that it did away with an erstwhile rider that state responsibility to provide the benefits were subject to adequate economic resources to bear the expenditure involved..Instead, the 2016 Act provides for time limits within which existing infrastructure and premises should be made disabled friendly. The obligations laid down in the Act are mandatory for both government and private establishments.The Court noted that it is well-established that differently-abled persons, including the visually impaired, are entitled to such facilities as a matter of right. The case at hand could therefore not be viewed as adversarial. In this respect, the Court also appreciated that the government did not treat it as such, but cooperated by filing due status reports on the actions taken to make the system more disabled friendly..During the course of hearing, former Solicitor General, Ranjit Kumar had submitted before the Court that it is a work in progress and the Union of India has been taking various measures to make the lives of such disabled persons as comfortable as possible..As a result, substantial progress had been made for the benefit of persons with disabilities..Notably, ten action points proposed by the petitioners over the course of hearing for providing proper access to public facilities for visually impaired persons were now statutorily recognised under the 2016 Disabilities Act..Although the response of states and union territories in the case was noted to be lethargic, following the case of Justice Sunanda Bhandare Foundation, various directions had already been issued to states and union territories calling for compliance of the Disabilities Act, 2016. Progress reports were also directed to be made to the Court from time to time. Therefore, progress in terms of discharging the mandate of the Disabilities Act is being monitored by the Court..Given this position, the Court saw it fit to dispose of the writ petitions with the following time-bound directions:.Make 20-50 important government buildings in 50 cities fully accessible December 2017 (State Govt. Buildings). The Court also noted that as per Section 46 of the Disabilities Act, 2016, all Government buildings providing any services to the public are to be made fully accessible by June, 2019.This deadline had to be adhered to.Make 50% of all the government buildings of the national capital and all the state capitals fully accessible by December 2018.Completing accessibility audit of 50% of government buildings and making them fully accessible in 10 most important cities/towns of states/UTs not covered in the above two targets by December 2019.Central Government buildings should be made disabled friendly by August 2018Accessibility in airports – Complete accessibility audit of all the international airports and make them fully accessible by December 2018Accessibility in Railways – 50% of all railway stations to made fully accessible by March 2018. The Ministry of Railways was required to make all A1, A and B category railway stations fully accessible by July 2016.10% of government owned public transport carriers are to be made fully accessible by March 2018.Comprehensive revision of target deadliness under accessibility of knowledge and ICT Ecosystem. At least 50% of central and state government websites are to meet accessibility standards by March 2017. At least 50% of the public documents are to meet accessibility standards by March 2018.Comprehensive revision of target deadliness under accessibility of knowledge and ICT Ecosystem. At least 50% of central and state govt. websites are to meet accessibility standards by March 2017. At least 50% of the public documents are to meet accessibility standards by March 2018.Bureau of Indian Standards to embed disability aspect in all relevant parts of revised National Building Code.The target of training additional 200 sign language interpreters by March 2018.All States and Union Territories are required to constitute the Central and State Advisory Boards. In order to effectively implement the provisions of the said Act, in compliance with Sections 60 and 66 of the Disabilities Act, 2016. The said Boards are to be constituted within a period of three months,.The Court has directed that the matter be listed for directions after three months on receiving reports in terms of this order. The state is also expected to report on follow-up action taken during the intervening period in the meantime..Read the Judgment.
The Supreme Court has issued a slew of time-bound directions aimed at the meaningful implementation of the Rights of Persons with Disabilities Act, 2016 (Disabilities Act)..A Division Bench of Justices AK Sikri and Ashok Bhushan called for the compliance of specific measures in this regard while disposing of a PIL filed in 2005 on behalf of persons with disabilities. The writ petitions had been filed calling for proper and adequate access to public places for differently-abled persons..The petitioners emphasised that the rights of disabled persons were well recognised in Internationally recognised standards as well as the Indian Constitution in Articles 19 (1) (d), 21 and 41..Besides, it was made a matter of statutory duty under the Disability Act, 1995. This Act in turn was replaced by the 2016 Rights of Persons with Disabilities Act, which also provided for similar mandates, including the creation of accessible environments in educational spaces, health care institutions, transport systems, information and communication systems..An important distinguishing feature of the 2016 Act, however, was that it did away with an erstwhile rider that state responsibility to provide the benefits were subject to adequate economic resources to bear the expenditure involved..Instead, the 2016 Act provides for time limits within which existing infrastructure and premises should be made disabled friendly. The obligations laid down in the Act are mandatory for both government and private establishments.The Court noted that it is well-established that differently-abled persons, including the visually impaired, are entitled to such facilities as a matter of right. The case at hand could therefore not be viewed as adversarial. In this respect, the Court also appreciated that the government did not treat it as such, but cooperated by filing due status reports on the actions taken to make the system more disabled friendly..During the course of hearing, former Solicitor General, Ranjit Kumar had submitted before the Court that it is a work in progress and the Union of India has been taking various measures to make the lives of such disabled persons as comfortable as possible..As a result, substantial progress had been made for the benefit of persons with disabilities..Notably, ten action points proposed by the petitioners over the course of hearing for providing proper access to public facilities for visually impaired persons were now statutorily recognised under the 2016 Disabilities Act..Although the response of states and union territories in the case was noted to be lethargic, following the case of Justice Sunanda Bhandare Foundation, various directions had already been issued to states and union territories calling for compliance of the Disabilities Act, 2016. Progress reports were also directed to be made to the Court from time to time. Therefore, progress in terms of discharging the mandate of the Disabilities Act is being monitored by the Court..Given this position, the Court saw it fit to dispose of the writ petitions with the following time-bound directions:.Make 20-50 important government buildings in 50 cities fully accessible December 2017 (State Govt. Buildings). The Court also noted that as per Section 46 of the Disabilities Act, 2016, all Government buildings providing any services to the public are to be made fully accessible by June, 2019.This deadline had to be adhered to.Make 50% of all the government buildings of the national capital and all the state capitals fully accessible by December 2018.Completing accessibility audit of 50% of government buildings and making them fully accessible in 10 most important cities/towns of states/UTs not covered in the above two targets by December 2019.Central Government buildings should be made disabled friendly by August 2018Accessibility in airports – Complete accessibility audit of all the international airports and make them fully accessible by December 2018Accessibility in Railways – 50% of all railway stations to made fully accessible by March 2018. The Ministry of Railways was required to make all A1, A and B category railway stations fully accessible by July 2016.10% of government owned public transport carriers are to be made fully accessible by March 2018.Comprehensive revision of target deadliness under accessibility of knowledge and ICT Ecosystem. At least 50% of central and state government websites are to meet accessibility standards by March 2017. At least 50% of the public documents are to meet accessibility standards by March 2018.Comprehensive revision of target deadliness under accessibility of knowledge and ICT Ecosystem. At least 50% of central and state govt. websites are to meet accessibility standards by March 2017. At least 50% of the public documents are to meet accessibility standards by March 2018.Bureau of Indian Standards to embed disability aspect in all relevant parts of revised National Building Code.The target of training additional 200 sign language interpreters by March 2018.All States and Union Territories are required to constitute the Central and State Advisory Boards. In order to effectively implement the provisions of the said Act, in compliance with Sections 60 and 66 of the Disabilities Act, 2016. The said Boards are to be constituted within a period of three months,.The Court has directed that the matter be listed for directions after three months on receiving reports in terms of this order. The state is also expected to report on follow-up action taken during the intervening period in the meantime..Read the Judgment.
