Showing posts with label accessible transportation system. Show all posts
Showing posts with label accessible transportation system. Show all posts

Friday, August 26, 2022

Madras HC dismissed the plea of TN Govt. seeking clarification of the order that directed them to purchase only accessible low floor buses.

Court:             Madras High Court, India

Case Title:     The Metropolitan Transport Corporation (Chennai) Ltd. Vs. Vaishnavi Jayakumar & Ors.

Case No. :      WMP/83132/2022 in WP/5957/2021

Filed on :        03-08-2022  

Reiterating its earlier order, the Madras High Court refused to alter or clarify its earlier order dated 05 Jul 2022 on allowing only low floor disabled friendly buses in the state.  The earlier order had directed the state transport corporations to procure 2,213 buses in strict compliance with the rules and regulations of Rights of Persons with Disabilities (PWD) Act and that cannot be altered, said the  the first bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala.

“The order was passed as per the directions of the Supreme Court. If you (the corporation) want to alter it you have to approach the Supreme Court,”

While passing the last order, the the bench had lifted the ban on procuring new public transport buses on condition that the corporation shall comply with the rules and regulations of the RPWD Act. Subsequently, alleging that the condition to comply with the rules caused an impediment, the corporation moved a memo to clarify the order.

The corporation sought to submit that operating the low-floor disabled-friendly buses was difficult, as it caused damage to buses. But the court refused to accept the contention, and thus the plea was permitted to be withdrwan and thus the Court dismissed the same as withdrawn. 

The attempt of the corporation only shows that instead of addressing the accessibility of roads and buses, it sought to find ways not to implemnet the law of the land citing frivolous excuses for a long time. In earlier matters filed before the Madras HC, the court had clearly said that while it accepted that it may be difficult and costly to make the existing buses accessible, henceeforth all new buses purchased to replenish the public trdansport fleet must be accessible complying with the law and the State happily agreed to it. However, it started putting forth flimsy excuses and did not take any action on improving the road infrastructure, bus boarding platforms and road conditions etc.

Here is the copy of the Affidavit on behalf of Metropolitan Transport Corporation (Chennai) Ltd. embedded below:

Thursday, January 26, 2017

Bombay HC passes directions to Railways on facilities for disabled; seeks compliance report by 02 May 2017

Dear colleagues,

The Bombay High Court while hearing Writ Petition (Civil) 1684 of 2016 titled Nitin Arjun Gaikwad  Vs. The Union Of India And Ors, on Wednesday, the 25th January 2017, has passed directions to the Railways to :
  • provide facilities to disabled passengers travelling in local trains 
  • CCTV cameras inside reserved compartments
  • special seating arrangements in the platform for the disabled
  • and a a helpline facility for disabled passengers.
The division bench of Shri Justice A S Oka  and Smt. Justice Anuja Prabhudessai also directed the Director General of the Police to issue a circular to police stations in the state to take disciplinary action against police personnel who travel illegally in coaches meant for the disabled.

“The railways must appoint special officers to look into grievances of disabled passengers and also to ensure there is no unauthorised entry and travel by general public or police personnel in these reserved compartments. Despite several complaints made about this unauthorised travel, no action has been taken and neither measures to stop this. It is very shocking that the police themselves are violating the law." the Court observed.

The petitioner, Mr. Nitin Arjun Gaikwad who himself is a person with disability had filed a petition stating unauthorised commute by railway and police officials in the reserved compartments and about various facilities and measures promised to the disabled in platforms and trains which have not been implemented yet, despite orders passed by the Commissioner for Persons with Disabilities (CPD) which had directed the railways to implement these measures.

The court, while taking a note of the order by the State Commissioner for Persons with Disabilities appointed under the Disability Act of 1995 said, “Apart from CCTVs and seating arrangements for the disabled, a helpline should be activated so that passengers can immediately whatsapp or SMS about unauthorised commute and the railways and the police should appropriately respond and take action immediately.” The court also said that a special drive with extra police personnel should be carried out at various railway stations to create awareness on reserved coaches to ensure nobody travels illegally in coaches meant for the disabled.

The court has directed the railways, the Director General of Police (DGP) and the State Home Department of Maharashtra to submit a Compliance report affidavit regarding the steps taken, on May 2, 2017.

The matter was deferred on 18th Jan 2017 for 25th Jan 2017 for directions at the orders of the Court. 

Tuesday, January 19, 2016

Madras HC issues directions to Commissioner on disabled friendly Govt buildings


Disabled-friendly govt buildings: HC directs Commissioner

Business Standard | January 19, 2016

The Madras High Court today directed the Commissioner for Persons with Disabilities to hold a meeting within 10 days and present a final picture before the court by March 11 on making government buildings disabled- friendly. 

The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana, gave the direction on two PILs seeking to direct authorities, particularly the Chairman and Managing Director of Metropolitan Transport Corporation and the Commissioner of Chennai Corporation to implement "the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995". 

The petitioners Rajiv Rajan and M Gnana Sambndam also sought a direction to provide barrier-free environment in public places giving access to the usage of transport system. 

They also wanted the authorities to frame and notify comprehensive rules for according recognition to various types of schemes for disabled.  Already, the court had appointed T Mohan, an advocate, as amicus curiae and directed him to file a report on the matter. 

When the matter came up today, the union government placed on record a note containing the additional facilities included in a Handbook on Barrier-Free and Accessibility, 2014, which mentions the requirements for making public places disabled-friendly. 

The bench, going through the note in its order, said "let a meeting be held by the Commissioner for Persons with Disabilities in consultation with the state Public Works Department and the amicus curiae within ten days so that we have a clear plan of action as to how will it be verified as to what extent the different buildings can be made disabled-friendly." 

The bench further said that such meetings should continue with frequency and to ensure that the final picture is placed before it by March 11. The court also directed the Commissioner for Persons with Disabilities to remain present in the Court on March 11, 2016.



Tuesday, June 10, 2014

PIL Effect - Police Installs auditory devices at 57 traffic lights in Delhi

As a result of a PIL pending in the Delhi High Court, the Delhi Traffic Police informed the Delhi high court that they have installed 57 auditory devices at traffic signals in the capital for safety of visually impaired people.

In his reply, filed before a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw, deputy commissioner of traffic police also informed that 35 more locations have been identified for providing auditory signals.

"... Traffic police has provided 857 traffic signals and 401 traffic blinkers all over Delhi for ensuring smooth flow of traffic and safety of pedestrians and other road users. A total of 57 traffic signals have been provided with auditory devices for the safety of visually handicapped persons. In addition, 35 locations have also been identified for providing auditory signals," the reply filed through Rupinder Kumar, deputy commissioner of traffic police, said.

"Besides... on roads where there is continuous flow of traffic, 22 pelican traffic signals and 36 pedestrian traffic signals are functional which have the facility to provide adequate time in the signal cycle to pedestrians for safely crossing the roads. Additionally, 96 signals with pedestrian aspects have been installed and it is envisaged to provide pedestrian aspects on nearly all the signals," the official said.

The police's reply came after the court in March had issued notice to the Delhi government and civic agencies on a plea seeking direction to provide parking space to the physically challenged near the entrances of public buildings in line with the Master Plan Delhi 2021. The bench had also asked the traffic police, police commissioner and DDA to file responses.

The DCP also said that regular action is taken by traffic police to remove illegal parking. He added that the traffic police prosecuted 7,10,025 people in 2013 and 2,96,232 in 2014 till April 30. The official also stated that action is also being taken against second-hand car dealers, who are causing encroachment on the roads of the capital.

The official said that the department had launched a special drive on May 6 in coordination with the civic agencies for removal of encroachment "on specially identified 11 vital corridors in the NCT of Delhi, in which 567 encroachments have been removed, action has been taken against 180 vendors, 159 vehicles have been towed away, 1047 vehicles have been challaned and 145 notices for obstructive parking have been issued. The drive shall continue on a regular basis".

A PIL filed by social worker Vinod Kumar Bansal, through advocates Anupam Srivastava and Sitab Ali Chaudhary, had sought the court's direction to the Delhi government and civic agencies to install auditory signals at red lights on public roads for physically handicapped people. The plea further sought directions to make pavements wheelchair-friendly.



Source: Times of India