Supreme Court Directs Union To Frame Mandatory Rules Under Rights Of Persons With Disabilities Act For Accessibility Of Public Spaces

In a significant judgment boosting disability rights, the Supreme Court on Friday (November 8) directed the Union Government to frame mandatory rules as required under Section 40 of the Rights of Persons with Disabilities Act, 2016 for ensuring that public places and services accessible to persons with disabilities.The Court held that Rule 15 of the Rights of Persons With Disabilities Rules, 2017 is ultra vires the parent Act, since it does not provide mandatory guidelines on accessibility.A bench comprising Chief Justice of India DY Chandracuhd, Justice JB Pardiwala and Justice Manoj Misra passed the judgment in a PIL filed by Rajive Raturi, a visually challenged person, in 2005 seeking directions to ensure meaningful access to public spaces for persons with disabilities. In 2017, the Court had passed a slew of directions to the Union and States for making public buildings accessible. In November 2023, while considering the compliance of the direction, the Court had directed the Centre for Disability Studies, NALSAR University of Law, to make a report on steps to be taken to make public buildings and spaces fully accessible to persons with disabilities.The latest judgment was passed in the light of the report submitted by CDS, NALSAR, headed by Professor Amita Dhanda.The judgment authored by CJI DY Chandrachud, after analysing international treaties such as United Nations Convention on the Rights of Persons with Disabilities and judgments, culled out the following principles :a. Accessibility is not a standalone right; it is a prerequisite for PWDs to exercise other rights meaningfully; andb. Accessibility requires a two-pronged approach. One focuses on ensuring accessibility in existing institutions/activities often through retrofitting and the other focuses on transforming new infrastructure and future initiatives.The Court noted that the CDS report opined that while the RPWD Act creates a mechanism for mandatory compliance with a set of non-negotiable accessibility rules, the Right of Persons with Disabilities Rules, create a mechanism which only prescribes self- regulatory guidelines. Agreeing with this view, the Court observed :"Rule 15, in its current form, does not provide for non-negotiable compulsory standards, but only persuasive guidelines. While the intention of the RPWD Act to use compulsion is clear, the RPWD Rules have transformed into self- regulation by way of delegated legislation. The absence of compulsion in the Rules is contrary to the intent of the RPWD Act While Rule 15 creates an aspirational ceiling, through the guidelines prescribed by it, it is unable to perform the function entrusted to it by the RPWD Act, i.e., to create a non- negotiable floor. A ceiling without a floor is hardly a sturdy structure. While it is true that accessibility is a right that requires “progressive realization”, this cannot mean that there is no base level of non-negotiable rules that must be adhered to. While the formulation of detailed guidelines by the various ministries is undoubtedly a laudable step, this must be done in addition to prescribing mandatory rules, and not in place of it. Therefore, Rule 15(1) contravenes the provisions and legislative intent of the RPWD Act and is thus ultra vires, the Act."The Court therefore directed the Union Government to delineate mandatory rules, as required by Section 40, within a period of three months. "This exercise may involve segregating the non-negotiable rules from the expansive guidelines already prescribed in Rule 15. The Union Government must conduct this exercise in consultation with all stakeholders, and NALSAR- CDS is directed to be involved in the process. It is clarified that progressive compliance with the standards listed in the existing Rule 15(1) and the progress towards the targets of the Accessible India Campaign must continue unabated. However, in addition, a baseline of non-negotiable rules must be prescribed in Rule 15," the Court observed.Once these mandatory rules are prescribed, the Union of India, States and Union Territories were directed to ensure that the consequences prescribed in Sections 44, 45, 46 and 89 of the RPWD Act, including the holding back of completion certificates and imposition of fines are implemented in cases of non- compliance with Rule 15.The Court directed that the following principles of accessibility should be considered while carrying out the above exercise:a. Universal Design: The rules should prioritize universal design principles, making spaces and services usable by all individuals to the greatest extent possible, without requiring adaptations or specialized design;b. Comprehensive Inclusion Across Disabilities: Rules should cover a wide range of disabilities including physical, sensory, intellectual, and psychosocial disabilities. This includes provisions for specific conditions such as autism, cerebral palsy, intellectual disabilities, psychosocial disabilities, sickle cell disease, and ichthyosis;c....

Supreme Court Directs Union To Frame Mandatory Rules Under Rights Of Persons With Disabilities Act For Accessibility Of Public Spaces

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