Court of CCPD issues interim directions to Govt. Functionaries to meet disabled visitors on ground floor or other accessible place, until their building is made accesssible.

Court: Chief Commissioner for Persons with Disabilities, Govt of India.

Bench: Shri Rajesh Aggarwal, CCPD

Case No. 14580/1101/2023

Case Title:  Suo Motu in Virali Modi's marrige registration on inaccessible floor case.

Date of Notice/Order: 09 Nov 2023

Introduction

In a landmark judicial intervention, the Court of Chief Commissioner for Persons with Disabilities (CCPD), Government of India, recently took suo motu cognizance of a distressing incident involving Ms. Virali Modi, a bride who faced severe accessibility challenges at the office of a marriage registrar in Maharashtra. Ms. Modi, a wheelchair user, encountered significant hurdles on her wedding day, underscoring systemic deficiencies in accommodating persons with disabilities as mandated by the Rights of Persons with Disabilities Act, 2016 ("the Act").

Background and Legal Framework

The court's intervention was prompted by the distressing treatment Ms. Modi received despite prior arrangements and the knowledge of her specific needs. This incident, emblematic of broader accessibility issues nationwide, prompted the Chief Commissioner's proactive step to initiate a quasi-judicial proceeding. The goal was to address not only the specific case but also to highlight systemic failures across public service sectors in ensuring barrier-free access.

Respondents' Submissions and Court Actions

Respondent No. 1, representing the Maharashtra government, acknowledged the gravity of the incident and detailed corrective actions taken, including the suspension and relocation of responsible officials. The Central Public Works Department (CPWD), speaking on behalf of Respondent No. 3, raised concerns regarding retrofitting challenges and sought court guidance on budgetary provisions for necessary modifications.

Judicial Observations and Interim Directions

The court's observations underscored the widespread non-compliance with accessibility norms, despite clear statutory mandates under Sections 44, 45, and 46 of the RPwD Act. These sections mandate adherence to accessibility guidelines for all new constructions and the retrofitting of existing structures within specified timeframes, measures which have not been consistently implemented nationwide.

The Court of CCPD issued following interim directives aimed at immediate compliance:-

(1) The time limit for making old public buildings accessible is already over and considering that the public services run by the government are generally monopolistic, leaving no choice to the customer or citizen/beneficiary to seek the service elsewhere. Hence, concerned officers of any government office across the country, whether a central government or a state government establishment or a local government, officiating from any buildings/premises which are still not made accessible, shall go down to the ground floor or any other place in the building/premises which is accessible for divyangjan along with necessary staff and equipment and provide the service there itself. This shall be applicable to any public service including outsourced service by the government such as the Passport/Visa services, Jan Suvidha Kendras, CSC etc.

(2) The CPWD/State PWD/Municipal Corporation or any other agency, responsible of giving fitness or rent reasonability certificate for hiring or renting or renewal of the hiring or renting of any public or private building shall not give certificates unless the building is accessible. If a government establishment owning or managing a building or operating from a building which is not accessible and is not also willing to prioritise the required work of alteration, then the public works department concerned shall report the matter to their head of the department with information to this Court or the Court of the State Commissioner for Persons with Disabilities concerned, as the case may be.

(3) Ministry of Housing & Urban Affairs to furnish the details of training modules developed for implementation of the Harmonised Guidelines and Standards for Universal Accessibility in India- 2021 and the number of engineers, architects and town planners who have been trained on the subject within 30 days of the issue of these RoPs. MoHUA will also indicate the compliance status and steps taken to ensure implementation of Section 44 of the Act.

(4) This Court is satisfied by the action taken by Respondent No. 1 & 4. Hence, their names be dropped from the array of parties in the matter. However, Respondent No. 2 & 3 shall continue to attend the hearings in this matter. Secretary, Department of Higher Education and Chairman, AICTE shall be impleaded in the matter, who shall within 30 days of the issue of these RoPs shall furnish details about incorporation of Harmonised Guidelines and Standards for Universal Accessibility in India- 2021 in the curriculum of Civil Engineering and Architecture Courses.

(5) The RoP shall be forwarded to all Secretaries of Government of India and Chief Secretaries of state governments and UT administration for their information and necessary action. This is to ensure compliance of direction in 3.3(1) above, which is repeated :"Concerned officers of any government office across the country, whether a central government or a state government establishment or a local government, officiating from any buildings/premises which are still not made accessible, shall go down to the ground floor or any other place in the building/premises which is accessible for divyangjan along with necessary staff and equipment and provide the service there itself. This shall be applicable to any public service including outsourced service by the government such as the Passport/Visa services, Jan Suvidha Kendras, CSC etc."

Conclusion

The case of Ms. Virali Modi serves as a poignant reminder of the imperative to translate legal mandates into actionable realities. The Chief Commissioner's proactive stance not only addressed immediate grievances but also set a precedent for rigorous enforcement of accessibility standards nationwide. As India continues its journey towards inclusivity, such judicial interventions play a crucial role in bridging the gap between policy intent and on-ground implementation, ensuring equitable access to public services for all citizens. 

This Suo-motu cognizance in the matter of obstacles, risks and humiliation faced by Divyangjan regarding non-accessibility of public services highlights the pivotal role of the Chief Commissioner for Persons with Disabilities in safeguarding the rights enshrined in the RPwD Act, advocating for a society where physical barriers no longer obstruct the fundamental rights of individuals with disabilities. 

Read the CCPD's Record of Proceedings

Court of CCPD issues Suo Motu notice to Department of Posts for use of inappropriate terms as "Lunatic Account" for a person with autism.

Court: Chief Commissioner for Persons with Disabilities, New Delhi

Case No: 14668/1102/2023 

Case Title: Suo Motu against Department of Posts, Govt. of India & Anr. 

Date of Notice: 07 Dec 2023

Brief:

The Court of CCPD has taken cognizance of a news item published in the daily, “The Hindu” on 21.11.2023 (Chennai Edition) which says that ‘Post office opens ‘Lunatic Account’ for autisticman; plaint lodged’. According to the news item, a senior citizen-a telecom family pensioner, approached the GKM Postal Colony Post Office in Chennai some months ago to open a savings account and term deposit account in the name of his son who has autism.  He had requested to open a Guardian Operated Account, furnishing his son’s National Disability Identity Card and the Guardianship Certificate given under the National Trust Act. His account was opened but citing a colonial-era legislation, Section 12 of the Government Savings Bank Act, 1873, the Department of Posts is continuing the insensitive practice of classifying the account as “Lunatic Account”. 

Incidently, "as per the Section 12 of Government Savings Bank Act, 1873, persons with unsound mind or incapable of managing his affairs are defined as lunatics and as such, the same terminology is used in Post Office Saving Bank operations," clarified a communication from the department of posts.

The court highlighted the mandate of Section 13 of RPWD Act that provides that the appropriate government shall ensure that the persons with disabilities have rights equally with others to control their financial affairs and have access to bank loans and other forms of financial credit and enjoy legal capacity. The Section and the Preamble of the Act also provides that the autonomy, dignity, and privacy of persons with disability shall be respected;

The court also refered to the UN issued Disability Inclusive Language Guidelines launched by the United Nations in 2019 as part of its UN Disability Inclusion Strategy The said guidelines in its  Annexure I lists various commonly used terms, which should be avoided and has also mapped such terms with corresponding terms recommended by the UN. The policy of the UN aims to establish the highest levels of commitment and a vision for the United Nations system on disability inclusion for the next decade, and aims at establishing an institutional framework for the implementation of the Convention on the Rights of Persons with Disabilities and the 2030 Agenda for Sustainable Development, among other international human rights instruments and development and humanitarian commitments.

Here is the Suo Motu Notice:

Delhi HC seeks Response of Delhi University on Accessibility for Persons with Disabilities

Court: Delhi High Court

Bench:  Mr. Justice Purushaindra Kumar Kaurav

Caste No(s): W.P.(C)  5390/2022

Title: Jayant Singh Raghav Vs. University of Delhi & Ors.

Date of Order: 08 November 2023

Next Date of Hearing:  07 December 2023

Brief:

On a plea moved by one Jayant Singh Raghav, a student with visual disability of the Delhi University, raising the issue of provisions facilities and reasonable accommodations to students with disabilities during examinations.

The court asked the varsity to satisfy in the affidavit as to how the provisions of Rights of Persons with Disabilities Act, 2016, as well as the suggestions given by amicus curiae Advocate Kamal Gupta have been implemented. “As a last indulgence, 7 days time is granted to the respondent no.1- University to file comprehensive affidavit to satisfy as to how the provisions of the Act of 2016 and the suggestions/report of the Amicus Curiae have been implemented by the University,” the court said.

On March 10, the amicus curiae had handed over his report to the court wherein certain suggestions qua physical infrastructure and accessibility in the CLC as well as regarding Raghav were made. The report suggested that the Accessibility Guidelines and Standards for Higher Education Institutions and Universities, 2022, framed by the University Grants Commission (UGC) must be implemented immediately in CLC, Delhi University in time bound manner. 

It was also suggested that an access audit of CLC must be directed to be conducted immediately and a report be submitted to the court. The amicus curiae also suggested that at least 10 more ramps with tactile at various locations must be ordered to be erected immediately in the varsity and that a washroom for the disabled individuals be made functional on each floor as there was only one such toilet at present in the entire campus of CLC.

During the hearing, the counsel appearing for the Delhi Univeristy submitted that the repair work in toilets, corridors, open areas and provision of tactile and other facilities for persons with disabilities at CLC has been completed by the agency upto the satisfaction of varsity’s competent authority.

However, the court said, “Needless to state that the same was not only the expectation or the requirement under the provisions of the Act of 2016 or in the report submitted by the Amicus Curiae. It is to be seen that there are various other requirements to be adhered to by the respondent no.1-University,”.

Here is a copy of the order dated 08 November 2023:-

Delhi HC directs Kendriya Vidyalaya to provide reservation to Deaf and Hard of Hearing candidates through a special recruitment drive

Court: Delhi High Court

Bench:  Satish Chandra Sharma, Chief Justice, Sanjeev Narula, Justice.

Caste No(s): W.P.(C) 17460/2022 

Title: Court on its own Motion Vs. Kendriya Vidyalaya Sangathan & Others

Connected matter: W.P.(C) 665/2023 National Association of the Deaf Vs. Union of India & Ors.

Date of Judgement: 01 November 2023

Neutral Citation: 2023: DHC: 7914-DB

Cases referred:  National Federation of the Blind Vs. Kendriya Vidvalaya Sangthan & Ors., 2023:DHC:7551-DB

Brief:

The present petition was registered as a Public Interest Litigation (PIL) based upon a letter dated 07.12.2022 of the National Association of Deaf (NAD/ the Association) through its President Mr. A.S. Narayanan being aggrieved by Advertisements No.15/2022 & 16/2022 issued by Kendriya Vidyalaya Sangathan (KVS) inviting applications for various posts of Principal, Vice-Principal, Post-Graduate Teacher (PGT), Trained Graduate Teacher (TGT), Librarian, Primary Teacher (Music), Finance Officer, as well as other posts. The NAD in its letter had stated that the advertisements issued by KVS were violative of statutory provisions as contained under the Rights of Persons with Disabilities Act, 2016 (the RPwD Act).

The bench while holding the recruitement exercise by the KVS on the basis of 2013 job identification list instead of the current 2021 job identification list as violation of the statutory provisions as contained under the RPwD Act, directed the KVS to conduct a speccial recruitment drive and recruit the persons with hard of hearing and those who are deaf on the posts s per the law.

"The KVS – in respect of the identified posts as per the notification dated 04.01.2021, shall issue an advertisement and shall clear the backlog of vacancies within a period of six months from the date of receipt of certified copy of this judgment." directed the Bench.

The court observed that the KVS has assumed a power which never vested in it (of deleting the identified posts on their own by instituting some internal committee). The task of identification as well as of exemption of posts falls in the domain of the appropriate government and not the KVS.

"It is unfortunate that disabled persons are being compelled to file writ petitions and are being compelled to run from pillar to post by an organization like KVS. They are not claiming any charity, and they are claiming their rights as guaranteed to them under the RPwD Act. The legislature has laid down a noble vision of providing “reasonable accommodation” to persons with disabilities so as to ensure that all possible special measures are adopted to enable the PwDs to perform to the best of their ability. Despite so, instead of creating such reasonable accommodation, the respondent has looked down upon the PwDs from the lens of inconvenience." expressed the bench.

Direction on Addressing the Policy Disconnect

The court said in its order, "Before parting, we feel constrained to observe that there appears to be a mismatch in the understanding of different departments regarding the mandate under RPwD Act. Whereas the Ministry of Social Justice and Empowerment (Nodal Ministry under the RPwD Act) has upgraded the list of posts suitable for the PwDs, the thought has not percolated to the departments which conduct recruitment. A similar “policy disconnect” was noted by the Hon’ble Supreme Court in Vikash Kumar v. Union Public Service Commission and Others, (2021) 5 SCC 370, wherein the stand taken by the Nodal Ministry was found to be in contrast with the stand taken by the recruiting agency – UPSC. This policy disconnect had led to a situation wherein different departments are made to learn the same lesson after individual cases travel to the constitutional Courts. The direct impact of this practice is to compel the PwDs to assert their basic rights before judicial fora, something that cannot be termed as desirable. In this regard, we direct the concerned Secretary, Ministry of Social Justice and Empowerment to issue suitable guidelines for the implementation of reservation policy by all departments in a uniform manner. One step may go far in the fulfilment of our promise to the PwDs. 

Read the Judgement in W.P.(C) 17460/2022 dated 01 Nov 2023

Supreme Court seeks Union of India's Response to PIL Challenging Iron-Fortified Rice Program

Court: Supreme Court of India, New Delhi

Case No:  W.P.(C) No. 001100/2023  dated 30-09-2023   Pending- 38350/2023

Case Title: Rajesh Krishnan & Anr Vs. Union of India & Others

Date of filing: 30.09.2023

Brief:

In a significant legal development, the Supreme Court has sought response of Union of India in a Public Interest Litigation (PIL) filed by concerned citizens, challenging the Government of India's iron-fortified rice program. The PIL raises critical concerns about the government's failure to adhere to their own advisories, which caution patients with Thalassemia and Sickle Cell Disease against consuming iron or recommend its use under strict medical supervision. Alarmingly, despite reaching out to various government departments and state food commissioners, the citizens received no response.

The government's iron-fortified rice program is an integral component of public safety net initiatives, including the Public Distribution System (PDS), mid-day meals, and anganwadis, providing sustenance to millions of Indians.

Underlining the gravity of the issue, the Food Safety and Standards Authority of India (FSSAI) has clearly outlined in clause 7(4) of the Food Safety Act, supported by international scientific evidence, that individuals afflicted with haemoglobinopathies like Thalassemia and Sickle Cell Disease should refrain from consuming iron. Such consumption can lead to severe adverse consequences, including organ failure for those with these conditions.

However, investigations carried out by the Alliance for Holistic and Sustainable Agriculture (ASHA) and the Right to Food Campaign during fact-finding visits in two states revealed that iron-fortified rice was being distributed without due consideration, completely ignoring the necessity for medical screenings and supervision. More distressing was the revelation that individuals suffering from haemoglobinopathies were unaware of the potential harm posed by the rice. Astonishingly, state governments had not been issued any guidelines by the central government pertaining to these warnings. In addition, the rice was being distributed in both raw and cooked forms, especially in schemes such as mid-day meals, with minimal and poorly visible written or verbal warnings, often found only on the gunny bags. Shockingly, no provision for iron-free rice was made available to these vulnerable patients.

The recipients of state food schemes who are consuming this synthetic iron-fortified rice primarily consist of economically disadvantaged citizens who heavily rely on state-subsidized food. For them, iron-fortified rice has become a necessity, as they cannot afford to purchase non-fortified rice from the open market. The large-scale implementation of this program commenced before a pilot scheme in 15 states was thoroughly assessed or independently evaluated. According to government responses to Right to Information (RTI) queries, the evaluation of these pilot programs was expected to be concluded by late 2022, yet no evaluation findings have been made available to date.

In light of these pressing concerns, the PIL petitioners have made two fundamental demands. Firstly, they call upon the government to rigorously adhere to clause 7(4) of the Food Safety Act and ensure that comprehensive warnings reach consumers directly. Secondly, they insist that non-fortified rice be provided to patients with medical contraindications, safeguarding the well-being of these vulnerable individuals. The Supreme Court's directive is a significant step towards addressing these vital issues and ensuring the health and safety of those most in need.

Access the Petition here: