Soumya Singh
In a writ petition advocating for the accessibility of public buildings to persons with disabilities, a three-Judge Bench comprising Dr. DY Chandrachud, CJ., Justices J.B. Pardiwala, and Manoj Mishra, issued a directive to the Department of Empowerment of Person with Disabilities within the Union Ministry of Social Justice and Empowerment. The directive entails the reimbursement of the Centre for Disability Studies (CDS) at NALSAR University of Law for all expenses related to the comprehensive report they prepared. This report outlines the necessary measures to be implemented in order to make State and Central Government buildings, airports, railway stations, public transport carriers, Government websites, public documents, and other infrastructure more accommodating to individuals with disabilities.
In the legal case of Rajive Raturi v. Union of India (2018), a significant judgment dated 15/12/2017 was rendered by the Supreme Court, directing both the States and Union Territories to develop comprehensive plans for ensuring accessibility for disabled individuals across various domains such as infrastructure, transportation system, and information and communication services. Despite this directive, the Court expressed dissatisfaction with the sluggish progress made by the Union, States and Union Territories in implementing the provisions outlined in Sections 44 and 45 of the Right of Persons with Disabilities Act, 2016, as well as the specific instructions issued by the court.
Highlighting the lack of substantial advancement in this regard, the Court issued multiple orders addressing the slow pace of implementation. In a subsequent development within the Rajive Raturi case (supra), through an order dated 29/11/2023, the Court mandated the Centre for Disability Studies (CDS) at NALSAR University of Law to furnish a detailed report. This report was to delineate the necessary measures aligned with the guidelines established on 15/12/2017 and the objectives of the Accessible India Campaign. The focus of these measures was broad, encompassing the need to make State and Central Government buildings, airports, railway stations, public transport carriers, Government websites, public documents and the entire information and communication technology (ICT) ecosystem fully accessible to persons with disabilities.
Recognizing the challenge posed by the extensive nature of the task at hand, the Court took cognizance of the Head of the Centre for Disability Studies (CDS) at NALSAR University of Law, who conveyed that the resources available at NALSAR might not be commensurate with the scope of the undertaken responsibility. In light of this, it was emphasized that the Department of Empowerment of Persons with Disabilities within the Union Ministry of Social Justice and Empowerment should shoulder the financial burden incurred by the CDS in preparing and submitting the comprehensive report.
Consequently, the Court issued a directive, explicitly stating that the Department of Empowerment of Persons with Disabilities is obligated to bear all expenses by the CDS of NALSAR of Law. Furthermore, a strict timeline was set, mandating that the reimbursements for these expenses must be effectuated within a fortnight from the date of submission of invoices by the CDS.