'Cabs Should Accommodate Wheelchairs', Says Supreme Court While Hearing PIL

In a PIL seeking reliefs with respect to persons with disabilities, the Supreme Court recently emphasised the need for cabs plying across the country to accommodate wheelchairs and/other assistive devices of PwDs.

Considering the heavy reliance on cabs, especially in metropolitan cities, the Court orally suggested the use of carriers and specially modified cabs for PwDs to ensure their effective access to the cab service.

A bench of Justices Vikram Nath and Sandeep Mehta adjourned the matter till March 24, calling for the assistance of Additional Solicitor General Aishwarya Bhati.

The Court was dealing with a PIL seeking to ensure better 'first' and 'last' mile access for persons with disabilities, so they can access public infrastructure. The PIL highlights that to access public transportation, riders must complete 'first' and 'last' mile trip segments - that is - to/from their homes to the point of public transport (bus, railway, etc.).

During the hearing, the petitioner's counsel submitted that the relevant rules exist, but there is no implementation. He contended that discrimination is faced by persons with disability while boarding cabs, as most cabs are installed with CNG cylinders and this prevents them from putting wheelchairs in the back. He suggested that there should be a universal design for cabs with some provision for PwD. It was also claimed that cabs are a part of public transport today.

Agreeing with the counsel on the importance of cabs accommodating needs of PwD, Justice Mehta remarked that there can be specialized cabs for specially-abled people. The judge added that some provision, like carriers, has to be made to address problems like those posed by CNG cylinders in the back of cabs. "We have to find out the ways and means to help these people", the judge said.

"In larger metros, there are all cabs. Cabs should also be asked to accommodate the wheelchair or assistive device of the person. You just take the case of a person whose house is 1 km away from the highway or main road. He comes on an automated wheelchair. Where do they leave it? If they don't accommodate it in the cab, how do they...?", Justice Mehta conveyed to the respondents' counsel.

The respondents' counsel, in this regard, conveyed that all issues are before the Committee constituted in Rajive Raturi's case and the same are being considered. The bench enquired about the composition of the Committee, but as the said information was not forthcoming, the matter was re-listed on Tuesday.

Case Title: SHIVJEET SINGH RAGHAW Versus UNION OF INDIA AND ANR., W.P.(C) No. 789/2024