Showing posts with label Rajive Raturi. Show all posts
Showing posts with label Rajive Raturi. Show all posts

Friday, November 8, 2024

Supreme Court in Rajive Raturi case holds the recommendatory nature of Sectoral Accessibility Guidelines under Rule 15 as ultra vires the RPWD Act. Grants 3 months to UOI to make corrections in consultation with stakeholders

Court: Supreme Court of India

Bench: Dr Dhananjaya Y Chandrachud, Chief Justice, Justice JB Pardiwala and Justice Manoj Misra

Case Title:  Rajive Raturi Vs. Union of India & Ors.

Case No: Writ Petition (C) No. 243 of 2005

Date of Judgement: 08 Nov 2024

Summary

On November 8, 2024, the Supreme Court of India delivered a landmark judgment in the case Rajive Raturi vs. Union of India & Ors., reshaping the landscape of accessibility rights for persons with disabilities (PWDs) in India. 

One of the major difficulties faced in enforcing the accessibility mandate and making accessibility a real right had been that the language in RPWD Rule 15 incorporated no compulsion to comply. Despite this absence, the Union of India kept claiming that the rules were mandatory. The Supreme Court bench called off the bluff and asked the Union of India to create a mandatory floor on accessibility.

The decision, issued by a bench led by Chief Justice Dr. Dhananjaya Y Chandrachud, along with Justices JB Pardiwala and Manoj Misra, has held that the various guidelines issued under Rule 15 for accessibility do not reflect the mandatory nature of the accessibility prescribed by the Rights of Persons with Disabilities Act 2016 and thus holding it ultravires and grants Union of India a three months time to make the necessary corrections in the RPWD Rules. The judgement is a step forward to ensure that accessibility is recognized as a fundamental and enforceable right for PWDs. This pivotal judgment arose from a petition filed in 2005 and is based on a comprehensive report prepared by Dr. Amita Dhanda and her team from Centre for Disability Studies, NALSAR University aptly titled as “Finding Sizes for All: A Report on the Status of the Right to Accessibility in India”

This pivotal judgement was made relying upon the Accessibility Report of Centre for Disability Studies, NALSAR which was prepared by the Centre in collaboration with persons with disabilities, disabled persons organizations and experts on accessibility.

The report was enriched by the perspectives persons with disabilities and experts on accessibility and advocacy of various Disabled People’s Organizations (DPOs), NGOs from the disability sector. 

The judgement in para 22  highlights the importance of Accessibility as a Human Right in the following words:-

"Accessibility is not merely a convenience, but a fundamental requirement for enabling individuals, particularly those with disabilities, to exercise their rights fully and equally. Without accessibility, individuals are effectively excluded from many aspects of society, whether that be education, employment, healthcare, or participation in cultural and civic activities. Accessibility ensures that persons with disabilities are not marginalised but are instead able to enjoy the same opportunities as everyone else, making it an integral part of ensuring equality, freedom, and human dignity. By embedding accessibility as a human right within existing legal frameworks, it becomes clear that it is an essential prerequisite for the exercise of other rights."

Para 37 of the judgement explains relationship between Reasonable Accommodation and Accessibility in following terms:-

"At this stage, it is also crucial to understand the relationship between reasonable accommodation and accessibility, as both are essential for achieving equality for PWDs. While accessibility generally refers to the removal of barriers in the environment or infrastructure to ensure equal access for all, reasonable accommodation is more individualised. It involves making specific adjustments to meet the unique needs of a person with a disability. In other words, accessibility ensures that environments are designed to be inclusive from the outset, while reasonable accommodation ensures that individuals who face specific challenges can enjoy their rights on an equal basis in particular contexts."

The judgement in Para 39 reiterates the duty of state vis-à-vis accessibility as below:-

"It is crucial to reiterate that accessibility is an ex-ante duty, meaning that the State is required to implement accessibility measures proactively, before an individual even requests to enter or use a place or service. This proactive responsibility ensures that accessibility is embedded in the infrastructure and services from the outset. The State must establish broad, standardised accessibility standards in consultation with disability organizations, ensuring that these standards are enforced by service providers, builders, and all relevant stakeholders. The state cannot negate its duty to accessibility by relying solely on existing standards or waiting for individual requests".

Key Takeaways from the Judgment

1. Mandatory Accessibility Standards 

The Court found that Rule 15 of the Rights of Persons with Disabilities (RPWD) Rules, 2017, previously framed as "guidelines," was ultra vires (beyond legal authority) as it lacked enforceability, which was the intent of the RWD Act 2016. This judgment mandates the government to replace these aspirational guidelines with binding rules within three months. This reading down of Rule 15 from voluntary guidelines to mandatory standards in light of the mandate of the RPWD Act is a major advancement in accessibility rights, aiming to provide PWDs with meaningful access to public spaces and facilities, which is critical for them to exercise other rights.

2. Historical Context and Slow Progress 

This ruling traces its roots to an earlier Supreme Court judgment on December 15, 2017, that directed states and union territories to take actions towards accessibility. Despite the passage of several years, compliance was found lacking, prompting the appointment of NALSAR's Centre for Disability Studies (CDS) to assess the implementation status based on a court order. The report by NALSAR-CDS, coupled with submissions from both the petitioner and the Union of India, formed the basis for this historic judgment.

3. Highlighting Legislative Gaps and Need for Uniformity 

   The judgment underscores discrepancies in accessibility standards across different sectors, such as the Ports and Civil Aviation sectors. Rule 15(1) and its various standards were criticized for presenting conflicting guidelines on fundamental requirements, like accessible toilets, and for the presence of non-enforceable, technical errors. By declaring Rule 15(1) ultra vires to the RPWD Act, the Court has called for a single, enforceable accessibility framework aligned with the Act's legislative intent.

4. Principles for Accessibility and Universal Design. 

   The judgment lays down key principles for creating accessibility standards:

   - Universal Design: Standards must adhere to universal design principles, making spaces accessible to all without needing adaptation.

   - Inclusive Scope: Accessibility standards should address a wide range of disabilities, including physical, sensory, intellectual, and psychosocial disabilities.

   - Integration of Assistive Technology: The standards should mandate assistive technologies, such as screen readers and audio descriptions, to promote digital and information accessibility.

   - Stakeholder Consultation: The standards-setting process should include continuous input from persons with disabilities, DPOs, and advocacy groups to ensure lived experiences shape policy.

5. Government Accountability and Timelines 

The Union Government has been directed to frame these mandatory rules within three months, in consultation with NALSAR-CDS and stakeholders. Compliance with the redefined Rule 15 will be monitored under Sections 44, 45, 46, and 89 of the RPWD Act, ensuring accountability through penalties and non-issuance of completion certificates for non-compliance.

Moving Forward: A Collective Win for Accessibility Rights

This ruling is not merely a judicial milestone; it reflects the resilience and advocacy of India’s disability rights movement. By transforming accessibility from an aspirational goal into a mandatory legal standard, the Supreme Court has advanced India towards becoming a more inclusive and accessible society. The judgment enshrines accessibility as a prerequisite for realizing the rights and dignity of all citizens, ensuring that everyone can participate fully and equally in public life.

As the government works to implement the Court’s directives, the ongoing role of DPOs, NGOs, and individuals in shaping and monitoring these standards will be crucial. This collective approach will uphold the inclusive spirit of the RPWD Act, reinforcing that accessibility is not just a right but a shared responsibility. 

The Writ Petitions have been adjourned to 07 March 2025 on which date, the Union Government must report compliance to this Court.

Read the judgement here:

Friday, December 15, 2017

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. ;