Ensuring Accessibility for the Differently-Abled: Landmark Judgment on Disability Rights

The case of Rajive Raturi vs. Union of India & Others is a significant judgment regarding the rights of visually impaired and differently-abled individuals in India. This landmark ruling by the Supreme Court emphasizes the importance of accessibility in public spaces, transportation, and infrastructure, ensuring that differently-abled individuals can move independently and with dignity.

The petition was filed as a Public Interest Litigation (PIL) by Rajive Raturi, a visually impaired individual, seeking effective implementation of disability rights laws and accessibility measures in public infrastructure. The case brought to light the gaps in implementation of existing laws and the lack of adherence to international conventions protecting the rights of differently-abled persons.

Background of the Case

India has approximately 60 to 70 million people with disabilities, out of which nearly 50% are visually impaired. The petitioner, Rajive Raturi, pointed out that despite legal provisions such as the Rights of Persons with Disabilities Act, 2016, and international commitments under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), implementation of accessibility measures remained inadequate.

Raturi argued that persons with disabilities, particularly those who are visually impaired, faced severe difficulties due to the lack of accessible infrastructure, including:

• Absence of auditory signals at traffic lights.
• Lack of guiding and warning blocks on pavements.
• Inaccessible public transportation.
• Inadequate footpath designs preventing safe navigation.
• Public buildings and offices lacking essential accessibility features.

The petitioner sought directions from the Supreme Court to enforce strict implementation of accessibility provisions and ensure proper infrastructure modifications to make public spaces disabled-friendly.

Arguments by the Petitioner

The petitioner argued that the right to accessibility is a fundamental right guaranteed under Article 21 (Right to Life) of the Indian Constitution. The specific demands included:

• Installation of auditory signals at all major traffic intersections.
• Inclined zebra crossings for easy movement of differently-abled individuals.
• Mandatory construction of guiding blocks on footpaths.
• Designated and accessible parking spaces in public and private buildings.
• Strict compliance with the Rights of Persons with Disabilities Act, 2016.

The petitioner contended that without these measures, the state was failing to uphold the dignity and rights of differently-abled individuals, thereby violating constitutional mandates and international human rights laws.

Arguments by the Respondent (Union of India)

The Union of India, represented by the Attorney General, countered the petitioner’s claims by stating that:

• The government had already taken steps to improve accessibility, including framing rules and guidelines under the Rights of Persons with Disabilities Act, 2016.
• The Accessible India Campaign had been launched to ensure accessibility in public buildings, transportation, and digital infrastructure.
• Auditory signals had been installed at certain major traffic intersections, and further installations were in progress.
• Awareness programs had been initiated to educate government officials and private entities on disability rights and accessibility requirements.

However, the petitioner argued that the steps taken were insufficient and that a strict timeline should be imposed to ensure implementation.

Supreme Court’s Observations

The Supreme Court recognized the fundamental rights of differently-abled individuals and observed:

“The fundamental right to life, which is the most precious human right, must be interpreted in a broad and expansive spirit so as to invest it with significance and vitality. The right to move freely and with dignity is inherent in Article 21 of the Constitution.”

The Court further noted:

“The Rights of Persons with Disabilities Act, 2016, is a landmark legislation. However, the implementation of its provisions remains slow and inadequate. Mere policy measures are not enough; enforcement and compliance must be ensured.”

Directions Issued by the Supreme Court

The Supreme Court issued a series of directives to ensure accessibility for persons with disabilities:

• All major government buildings in 50 cities must be made fully accessible by December 2017.
• Accessibility audits and retrofitting of 50% of government buildings in state capitals must be completed by December 2018.
• All airports and railway stations must be made accessible by December 2019.
• Public transportation, including buses, must include disability-friendly measures such as audio announcements and tactile markings.
• Government websites and mobile applications must be designed to be fully accessible to persons with disabilities.
• Sign language interpreters must be made available in public offices and institutions.

Impact of the Judgment

This landmark ruling has significant implications for ensuring accessibility and inclusivity in Indian society. The Supreme Court’s decision:

• Reinforces that accessibility is a fundamental right, not a privilege.
• Mandates strict enforcement of accessibility laws across public and private sectors.
• Ensures that differently-abled individuals can lead independent and dignified lives.
• Sets deadlines for compliance, ensuring accountability.
• Provides a model for future policy-making and urban planning.

Challenges and Future Considerations

While the judgment is a significant step forward, challenges remain in its implementation. Some of the key issues include:

• Lack of awareness and sensitivity among public officials.
• Budgetary constraints for implementing large-scale accessibility measures.
• Ensuring private sector compliance with accessibility standards.
• Monitoring progress and imposing penalties for non-compliance.

The government, civil society organizations, and private entities must work together to ensure that accessibility becomes a reality for all individuals with disabilities.

Conclusion

The Supreme Court’s decision in Rajive Raturi vs. Union of India marks a critical step toward building an inclusive society. By holding the state accountable and setting clear timelines for implementation, the ruling ensures that accessibility for differently-abled individuals is prioritized. The judgment serves as a reminder that equality and dignity are non-negotiable rights, and governments must take proactive steps to make these rights a reality.

Judgment delivered by: A.K. Sikri, Ashok Bhushan

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