Madras HC- State Govt. ought to have ensured Kilambakkam Bus Terminus disabled friendly as per the accessibilty mandate of RPWD Act

Court: Madrash High Court, Principal Benchat Chennai

Bench:  Chief Justice Mr. Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy

Case No. WP No. 29942 of 2023

Case Title: Ms. Vaishnavi Jayakumar Vs. Chennai Metropolitan Development Authority & Others

Date of Judgement: 24 Jan 2024 (PDF 164 KB)

Subject: Accessibility of Public Transportation system, Access Audit of Public Buildings and Built Environment, Grant of Completition Certificate to Buildings,

Brief:

The petition was filed seeking directions against the first respondent to take necessary measures so as to ensure that the Kilambakkam Bus Terminus in Tamilnadu is fully compliant with design and standards prescribed in the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021 as as to be accessible to persons with disabilities.

Durign the hearing on 15 Dec 2024, the government of Tamil Nadu had informed that steps have been taken to make the terminus disabled-friendly. Observing that it is now 'mandatory in every building to have disabled friendly access facilities', the Chief Justice had stressed that "this has to be done before starting the construction".

The petitioner Ms. Vaishnavi Jayakumar had sought the court to restrain the Chennai Metropolitan Development Authority (CMDA) from issuing a completion certificate to the bus terminus without being certified as compliant with the Rights of Persons with Disabilities Act, 2016 and the 2017 Rules by an empanelled access audit agency.

She also wanted the court to issue directions to conduct a detailed accessibility audit of the terminus through an empanelled access audit agency as it is not in compliance with the Harmonised Guidelines and Standards for Universal Accessibility in India, 2021.

Jayakumar had argued that the terminus was found slippery, there was reflective flooring without adequate contrast, absence of even a single toilet enabling bilateral wheelchair transfer onto the commode, the entire first floor does not have tactile flooring or warning and no dropped kerb (lowered areas of pavement) for wheelchair users to get onto the bus bay tarmac from the elevated seating area.

Ensuing Access Audit report pointed outu some 17 deficiencies and the first respondent subsequently issued work orders with regard to seven deficiencies and with regard to the remaining ten deficiencies, it assured that the work orders would be issued within two months from today. 

The petitioner submitted that in additon there are four more bus stands coming up one each at Koothambakkam, Venpakkam, Varadarajapuram and Mamallapuram. "The aforesaid bus stands will have to be constructed in compliance with the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021 and the first respondent shall take necessary steps while issuing the tender notice." the bench directed.

Court also expressed, "We would appreciate if the Access Auditors would make periodical inspection during the construction activity of the bus stands and make necessary suggestions as and when required" and accordingly dispossed off the petition with directions to submit Compliance Report on 25.3.2024.

Read the disposing judgement dated 24 Jan 2024 in the instant case below:

Responding to a PIL in Karnataka HC, Govt Mandates Voice-Based Public Address Systems in Buses: A Victory for Inclusive Transportation

Court: Karnataka High Court

Bench: Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit

Date of Hearing: 20 Dec 2023

Brief:

In a significant stride towards inclusive transportation, the Karnataka State government has taken a decisive step by mandating the installation of voice-based public address systems and disabled-friendly mechanisms in all existing buses. This development, revealed during a hearing at the High Court of Karnataka, marks a crucial milestone in response to a PIL petition filed by N. Shreyas Reddy, a visually impaired lawyer, advocating for improved accessibility for commuters with disabilities.

The government's commitment to enhancing public transportation accessibility was demonstrated through the issuance of a circular on December 19, 2023 which stipulates the mandatory installation of voice-based public address systems. This initiative, aimed at benefiting visually challenged commuters, underscores the State's proactive approach in addressing the needs of vulnerable segments of society.

During earlier proceedings, the government assured the court of its intention to introduce a voice-based alert system, signaling a promising commitment to inclusive transportation policies. Subsequently, during the hearing on 20 Dec 2023, the government counsel confirmed the issuance of the circular and assured that both public and private stage carriage vehicles would be equipped with these systems by June 30, 2024.

The circular outlines clear directives for both new and existing vehicles. For new vehicles, the installation of these systems will be verified at the time of registration, while for existing vehicles, it will be assessed during the renewal of fitness certificates. Additionally, the government counsel informed the court of forthcoming clarity through another circular regarding the installation process, further demonstrating a proactive approach towards implementation.

In response to these developments, the Division Bench comprising Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit adjourned further proceedings while requesting the Bangalore Metropolitan Transport Corporation to provide a compliance report on the assurance given to the court regarding the installation of these systems in new buses procured from January 2024 onwards.

This proactive stance by the Karnataka government reflects a commendable commitment to fostering inclusive transportation infrastructure. By prioritizing the needs of visually challenged commuters, the government sets a precedent for other states to emulate, furthering the cause of accessibility and inclusivity in public transportation networks.

As these initiatives progress, there is renewed optimism for a future where transportation systems are not only efficient but also equitable, ensuring that every citizen, regardless of ability, can access essential services and opportunities.