Madras HC | TN Govt. GO to the extent it offends RPWD Act or Provisions of Harmonised Guidelines & SC Judgement in Rajive Raturi case.

Court:          Madras High Court

Bench:         Mr. Munishwar Nath Bhandari, Chief Justice and Mrs. Justice N. Mala. 

Case No.      W.P.No. 5957 of 2021

Case Title:     Vaishnavi Jayakumar Vs. State of Tamil Nadu & two Others

Date of Judgement: 05 July 2022

The writ petition challenges a G.O.  on the ground of violation of Section 41 of the Rights of Persons with Disabilities Act, 2016. It is also on the ground that when no direction has been given by the Apex Court to have only 10% of the government buses disabled friendly, G.O. indicates only 10% of the total number of Government buses to be low floor buses. 

Further to our previous post dated 22 July 2021 titled Madras HC to Tamil Nadu Govt. - No purchasing buses for public transport, unless they are disabled friendly.

On 26.08,2021, it was again submitted on behalf of the State that even though the legal requirement may not have been complied with, certain other factors need also to be taken into consideration, particularly in the wake of the pandemic and the economic loss suffered by all States, including this State. It is further submitted that though it is imperative that all buses become disabled friendly, but the disabled friendly buses cost much more than ordinary buses and require much better road conditions, particularly within the city limits, than may now be available. 

The bench however, said, "Appropriate measures should have been taken much earlier so that things would not come to such a pass. Though it can be appreciated that the pandemic has caused a severe loss and city roads may still not be viable to receive low platform heavy duty vehicles, there has to be much more acquisition of disabled friendly buses and investment in appropriate roads since the law has been in place for a considerable period of time. At the same time, some latitude may be offered so that the larger public interest is served and the blanket embargo on acquisition of buses does not completely disable the public transport system."

Matter was finally heard and disposed off on 05 July 2022, in following terms:

"the writ petition is disposed of causing interference with G.O.Ms.No.31 dated 24.02.2021 only to the extent that it offends any of the provisions of the Act or Rules or the Harmonised Guidelines issued by the Government of India and directing the respondents to ply all the Government buses, in conformity with the provisions of the Act and Rules and the Harmonised Guidelines quoted above and in the light of the judgment of the Apex Court in the case of Rajive Raturi supra. There will be no order as to costs

 Read the Judgement dated 05 July 2022  embedded herein below:

Supreme Court of India: Rajive Raturi Vs. Union of India (15 Dec 2017) [Judgement included]

Court: Supreme Court of India

Bench: Mr. Justice A.K. Sikri and Mr. Justice Ashok Bhushan

Case Number & Title: WP Civil 243 of 2005  |  Rajive Raturi Vs. Union of India 

Date of Order: 15 Dec 2017

Cases Referred/ quoted:  Justice Sunanda Bhandare Foundation Vs. Union of India & Anr. ; 

Delhi HC: Directs appropriate Govts to take adequte steps within the limits of their economic capacity and development to implement section 46 of PWD Act 1995 to ensure Accessibility & Barrier Free Environment

Court: Delhi High Court

Bench: Hon'ble Mr. Justice T.S. Thakur, Hon'ble Ms. Justice Aruna Suresh

Case No: WP (C) 812 of 2001

Case Title: Javed Abidi Vs. Union of India & Others

Date of Judgement: 21 January 2008

Act: The Persons with Disabilities Act 1995

Subjecct : Accesssibility; Barrier Free Environment for persons with disabilities; Implementation of Section 46 of The Persons with Disabilities Act 1995

Brief: 

Mr. Javed Abidi filed this writ petition before the High Court of Delhi. He was aggrieved on the removal of temporary wooden ramps from the Red Fort, Qutub Minar, Humayan’s Tomb, Jantar Mantar and other similar monuments of historic importance. These ramps were fabricated and fixed by the Ministry of Social Justice and Empowerment and Archaeological Survey of India during the visit of Mr. Stephen Hawkins, the renowned physicist (Wheelchair User), who wanted to see these monuments.

After his visit the Archaeological Survey of India decided to remove these ramps. Abidi filed the case seeking justice in accordance with Section 46 of the Disabilities Act, 1995, which mandates ramps in public places for wheelchair access. The petitioner urged the Court for directing the respondent not to remove the wooden ramps and instead to erect permanent ramps ensuring barrier-free access to persons with disabilities. 

Read the Judgement: