Punjab & Haryana High Court Treats Disabled Petitioner's Plea Seeking Accessible Housing As PIL

The Punjab and Haryana High Court has treated a plea as a Public Interest Litigation (PIL) filed by a physically disabled individual seeking allotment of a structurally suitable and occupationally fit house with necessary accessibility modifications in terms of the Rights of Persons with Disabilities Act, 2016.

The petitioner, who appeared in person, has been diagnosed with PPRP of the right lower limb with wasting and shortening of the limb, quadriceps palsy on the right side, and flexion deformities at the hip and knee joints. He has been certified as having 60% permanent disability in relation to his right leg.

He approached the High Court seeking directions to the authorities to allot him a structurally appropriate residence and to undertake all necessary modifications, repairs, and accessibility adjustments in compliance with the 2016 Act.

Justice Kuldeep Tiwari said, "The issue inhering the instant writ petition transcends the individual grievance of the petitioner and bears wider ramifications, inasmuch as it concerns the rights of similarly situated physically disabled employees serving in the States of Punjab, Haryana, and the Union Territory of Chandigarh, including those employed in Boards, Corporations, and Societies under the control and administrative purview of the respective States and the Union Territory of Chandigarh. In order to ensure comprehensive adjudication, the States of Punjab, Haryana, and the Union Territory of Chandigarh are accordingly impleaded as respondents in the array of parties, through their respective Chief Secretaries."

The Court noted that the grievance raised in the petition is comprehensively addressed under the scheme of the 2016 Act. It also took note of the Rights of Persons with Disabilities Rules, 2017, framed under Section 100 of the Act.

Particular emphasis was laid on Rule 15 of the 2017 Rules, which mandates compliance with the standards for public buildings as specified in the Harmonised Guidelines and Space Standards for Barrier-Free Built Environment for Persons with Disabilities and Elderly Persons issued by the Ministry of Urban Development in March 2016.

The Court observed that every establishment is required to comply with the prescribed accessibility standards and that the concerned Ministries and Departments must ensure such compliance through domain regulators or otherwise.

The Bench observed that the issue raised in the petition transcends the individual grievance of the petitioner and bears wider ramifications, particularly for similarly situated physically disabled employees serving in Punjab and Haryana, The Union Territory of Chandigarh; and Boards, Corporations and Societies under their administrative control.

In order to ensure comprehensive adjudication, the Court directed that the States of Punjab and Haryana, and the Union Territory of Chandigarh, be impleaded through their respective Chief Secretaries; and the Principal Secretary/Secretary/Director of the Department of Social Justice and Empowerment in the said States and UT also be arrayed as respondents.

The Registry has been directed to carry out the necessary amendments in the memo of parties.

Considering the significance of the matter and the fact that the petitioner is appearing in person, the Court appointed Mr. Kshitij Sharma, Senior Advocate, and Mr. Tahaf Bains, Advocate, as amicus curiae to assist in the adjudication.

The Registry has been directed to furnish them with photocopies of the entire record of the writ petition.

Observing that the case involves substantial elements of larger public interest, the High Court directed that the writ petition be treated as a PIL and placed before the Chief Justice on the administrative side for assignment to the appropriate Bench as per the roster.

Mr. Sahil R. Bakshi, A.A.G., Punjab.

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