Kerala High Court: Employee with a Disability Can’t Be Penalised for Inaccessible Workplace

Court: Kerala High Court
Bench: Justice A. Muhamed Mustaque and Justice Johnson John
Case No.: OP (KAT) 51/ 2025  [Neutral Citation No. 2025:KER:36153] 
Case Title: State of Kerala and Others v T. Rajeev
Date of Judgement: 26 May 2025

Brief Summary

In a significant ruling reinforcing the rights of persons with disabilities in the workplace, the Kerala High Court has observed that a government employee with disabilities cannot be penalized for the State’s failure to provide accessible infrastructure. The judgment in State of Kerala & Ors v. T. Rajeev [OP (KAT) 51/2025] underscores the legal obligation of the State under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) to make public buildings accessible and to provide reasonable accommodation to employees with disabilities.

Case Background

T. Rajeev, who has a 60% locomotor disability due to post-polio residual paralysis, was working as a Senior Grade Typist in the Motor Vehicle Department. His office, however, was located on the upper floor of a building without lift access, making it inaccessible to him. Faced with this physical barrier, Rajeev sought an inter-departmental transfer to the Irrigation Department’s Thalappilly Subdivision office, which was on the ground floor of the same building. He also requested that his pay be protected, despite being transferred to a lower designation (LD Typist).

After several rounds of litigation, the State Government finally agreed to the transfer — but demoted his pay to that of an LD Typist. Aggrieved, Rajeev once again approached the Kerala Administrative Tribunal (KAT), which ruled in his favor, stating that he should be paid as a Senior Grade Typist and that the denial of pay protection violated the RPwD Act. The State then challenged this order before the High Court.

Key Observations by the High Court

The Division Bench of Justice A. Muhamed Mustaque and Justice Johnson John dismissed the State’s appeal, issuing a strong rebuke to the Government for failing in its legal obligations. The Court emphasized that:

“It is the duty of the Government to ensure that the infrastructural facilities in public places are accessible to the differently abled persons. … If any public place remains inaccessible to differently abled persons, the failure cannot be construed to their detriment.”

The Court relied on the RPwD Act, 2016, particularly:

• Section 3 – Prohibits discrimination on the basis of disability,
• Section 20 – Prohibits discrimination in employment and mandates reasonable accommodation,
• Section 45 – Mandates that public buildings be made accessible within a stipulated timeline.

A Crucial Principle: No Punishment for Seeking Access

The Court was unequivocal in stating that a person with a disability cannot be punished for the Government’s infrastructural failures. In fact, it acknowledged that Rajeev had himself proposed a workable solution — a transfer to an accessible location — which the State should have supported with pay protection, not penalized.

The Bench also held that:

• If the Government refuses to protect the pay, it must repatriate Rajeev back to the Motor Vehicle Department and assign him duties compatible with his physical abilities.
• Under no circumstance should he be required to climb stairs to access his workplace.
• The State was directed to pay him the salary of a Senior Grade Typist until his repatriation and to issue appropriate orders within a month.

A Broader Message to Public Authorities

This ruling is a wake-up call to public authorities across India. It affirms that the onus of creating accessible environments lies firmly with the Government, and employees with disabilities cannot be made scapegoats for systemic failures.

It also demonstrates how courts are increasingly willing to interpret disability rights laws in favor of substantive equality, aligning with the spirit of the RPwD Act, the UNCRPD, and the constitutional guarantees of dignity and equal opportunity.

Conclusion

This judgment reinforces a fundamental truth: accessibility is not a favour—it is a right. And when the State fails in ensuring this right, it must bear the consequences, not the person with a disability. Through this decision, the Kerala High Court has not only upheld the dignity of one employee, but also set a precedent that could empower thousands of others navigating inaccessible workspaces.

Read the judgement

 

For more such case analyses and updates on disability jurisprudence, follow our blog: Disability Rights through Courts.

Supreme Court of India Upholds the Right to Accessible Footpaths as a Fundamental Right under Article 21

Court: Supreme Court of India
Bench: Justice AS Oka and Justice Ujjal Bhuyan
Case Number: IA No. 50798 OF 2025 in W.P.(Civil) No.  295/2012
Case Title: S. Rajaseekaran v. Union of India & Ors
Date of Order: 14 May 2025

Cases Referred: 

• Olga Tellis & Ors. vs. Bombay Municipal Corporation & Ors  (1985) 3 SCC 545
• Bombay HC in High Court on its own Motion vs. State of Maharashtra & Ors 2018 SCC OnLine Bom 21221
• Karnataka HC in the case of D.S. Ramachandra Reddy vs. The Commissioner of Police, Bangalore & Ors  2021 SCC OnLine Kar 12223

Brief:

In a historic development for pedestrian safety and disability rights in India, the Supreme Court has affirmed that the right to unobstructed and disabled-friendly footpaths is a fundamental right protected under Article 21 of the Constitution — the right to life and personal liberty. This judgment, rooted in constitutional guarantees and grounded in empathy for the lived realities of persons with disabilities (PwDs), marks a significant leap forward in the recognition of accessible urban infrastructure as a legal and human right.

The Background

The Supreme Court was hearing a public interest matter that raised critical concerns about the lack of proper footpaths, rampant encroachments, and the resulting safety hazards to pedestrians — especially those with disabilities. The Court acknowledged the urgent and widespread nature of the problem, noting that without accessible and continuous footpaths, pedestrians are effectively forced onto the streets, putting their lives at constant risk.

Key Observations and Findings

The Bench, comprising Justice AS Oka and Justice Ujjal Bhuyan, made a series of pointed observations that reflect both the legal urgency and the human costs of inaccessibility:

• "Right to have unobstructed and disabled-friendly footpaths is guaranteed under Article 21," the Court unequivocally stated.
• The safety of pedestrians is not a luxury, but a constitutional obligation of the state.
• The absence of accessible footpaths disproportionately affects persons with disabilities, older persons, and others who rely on mobility aids.

Supreme Court's Directions

The Court issued a set of sweeping directions to ensure nationwide compliance and structural reforms:

1. Mandatory Accessibility: Footpaths must be designed and maintained to be accessible and usable by persons with disabilities.

2. Encroachment Removal: All encroachments from footpaths must be removed without exception.

3. Universal Footway Standards: Every public road must have proper, inclusive footpaths or walkways.

4. Policy Mandate: All States and Union Territories must evolve and implement policies for the construction, maintenance, and protection of accessible footpaths.

5. Compliance Timeline:

• States and UTs must frame guidelines in line with those issued by the Bombay High Court in High Court on its Own Motion v. State of Maharashtra and DS Ramchandra Reddy v. Commissioner of Police.
• The Union of India is directed to place on record existing or new national guidelines within two months.
• The matter is scheduled for further hearing on 1st August 2025, to review compliance.

Relevance of the Bombay High Court Model

The Supreme Court emphasized that States should refer to the Bombay High Court’s earlier directions, which already set a progressive precedent on footpath design, accessibility, and encroachment-free pedestrian zones. This reinforces the principle that access to infrastructure must be inclusive by design, not adjusted retroactively.

A Constitutional and Human Rights Milestone

This judgment is not merely about footpaths. It is a profound reiteration that urban design and infrastructure planning are constitutional issues. For persons with disabilities, accessible pedestrian infrastructure is not an amenity; it is a prerequisite for dignity, autonomy, and inclusion.

The Supreme Court’s order stands as a powerful reminder that accessibility is not optional — it is a mandated right under the Indian Constitution. The judgment sets the stage for a nationwide shift in how cities and towns approach pedestrian infrastructure to ensure accessible and dignified mobility for all people with disabilities.

Next Steps for Advocates and Stakeholders

• Monitor Compliance: Civil society organizations, disability rights groups, and urban planners must actively engage with State governments to ensure meaningful implementation.
• Participate in Policy Making: Stakeholders must demand participation in the framing of guidelines to reflect diverse accessibility needs.
• Use as Precedent: This order provides strong judicial backing to challenge inaccessible infrastructure in any city or district.

Taking note of standards laid down by the Indian Roads Congress and other authorities, the Court directed: All State Governments and Union Territories shall frame guidelines in line with the High Court directions and file compliance reports within two months. The Union of India shall also place on record the policy/guidelines issued for protecting the rights of pedestrians within two months. 

As we approach the next hearing on 01 August 2025, this judgment offers a foundation to push for inclusive, safe, and equitable urban mobility — not just as a policy goal, but as a constitutional promise.

Read the Order dated  14 May 2025 above.

Supreme Court issues directions to make the process of Digital KYC accessible for persons With disabilities, declares it an integral part of fundamental right under Article 21.

Court: Supreme Court of India
Bench: Justice J.B. Pardiwala and Justice R. Mahadevan 

Case Number: W.P.(C) No. 289/2024 & W.P.(C) No. 49/2025

Case Title: Pragya Prasun v. Union of India & Amar Jain v. Union of India & Ors.

Date of Judgement: 30 April 2025

Published on: May 1, 2025
By: Disability Rights India Team

Brief

In a historic and far-reaching judgment delivered on April 30, 2025, the Supreme Court of India declared that the right to digital access is an integral part of the right to life under Article 21 of the Constitution. This precedent-setting decision is a major milestone in the struggle for disability rights in India, specifically addressing the systemic digital exclusion faced by persons with disabilities (PwDs), especially those with visual impairments and facial disfigurements.

The judgment was delivered in two writ petitions:
Pragya Prasun v. Union of India, W.P.(C) No. 289/2024 and Amar Jain v. Union of India & Ors., W.P.(C) No. 49/2025  —filed by advocates and disability rights activists seeking digital accessibility in the e-KYC process for individuals with blindness and acid attack survivors.

Key Directions Issued by the Court

A two-judge bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan issued 20 binding directions that mark a significant overhaul of the digital architecture for service delivery, with inclusivity and accessibility at the center.

Here are some of the landmark directives:

Digital KYC Must Be Inclusive

• The Reserve Bank of India (RBI) must issue new guidelines that incorporate alternative methods to verify "liveness" or live photographs, moving beyond the default “blinking of eyes” method.
• Entities must now accept thumb impressions as valid authentication for visually impaired users during the e-KYC process.

Right to Reasonable Accommodation

• All reporting entities (REs), whether public or private, are directed to adhere to accessibility standards, appoint digital accessibility nodal officers, and undergo periodic audits by certified professionals.
• All apps, websites, and platforms must involve persons with visual impairments in user acceptance testing for any new digital service.

Mandatory Accessibility for Government and Private Services

• All government websites and digital services must comply with Section 46 of the Rights of Persons with Disabilities (RPwD) Act, 2016, which mandates both electronic and print media be accessible.
• WCAG 2.1 and Guidelines for Indian Government Websites (GIGW) are now mandatory for all government platforms.

Communication and Service Delivery

• Public services must provide information in alternative formats—including Braille, easy-to-read formats, and audio-described content.
• Helplines, grievance redressal mechanisms, and human review of rejected KYC applications must be set up for PwDs.

Sensitization and Training

• Disability awareness and inclusion modules must be part of training for employees of all regulated entities.
• RBI is directed to monitor implementation and regularly conduct public awareness campaigns about inclusive KYC processes.

A Game-Changer for Digital Equality

This judgment unequivocally affirms that access to digital services is no longer a privilege—but a constitutional right, especially for persons with disabilities who have been persistently sidelined in India’s digital revolution. The Court has not only addressed the how (mechanisms and guidelines) but also the why—the deep need to treat persons with disabilities as equal citizens entitled to dignity, convenience, and autonomy.

This move will have far-reaching consequences across all sectors—from banking and governance to education and healthcare. It is a wake-up call to both government and private entities that accessibility is not an afterthought—it is a non-negotiable obligation under the law.

Next Steps and Accountability

As disability rights advocates, it is now essential to monitor the implementation of these directions and hold entities accountable. Civil society must collaborate with regulators, tech developers, and service providers to translate these orders into practice on the ground.

The judgment reinforces the principles of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and aligns with the Accessible India Campaign. It is now up to us—activists, organizations, and allies—to ensure that these rights are not just declared but delivered.

Download/Read the judgement