Punjab & Haryana HC seeks report from three Govts on accessibility of judicial complexes to persons with disabilities [Interim order included]

Court: Punjab and Haryana High Court at Chandigarh

Bench: Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji

Case No.: CWP-PIL-56-2024

Case Title: Court on its Own Motion vs. High Court of Punjab and Haryana, Chandigarh

Date of Hearing & Interim Order: 21 March 2024

NDOH: 16 April 2024

Subject: Accessibility of courts and judicial complexes

Brief:

The present petition was listed before the division bench on account of a reference made by the learned Single Judge Justice Harpreet Singh Brar, to provide appropriate infrastructure to make judicial complexes across the States of Punjab, Haryana and U.T., Chandigarh accessible to persons with disabilities, in public interest, keeping in mind the provisions of Sections 44, 45 and 46 of the Rights of Persons with Disabilities Act, 2016.

Taking a suo motu cognizane of the lack of infrastructure in judicial complexes which may be inaccessible to persons with disabilities in Punjab, Haryana and U.T. Chandigarh the division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji on 21 Mar 2024 sought a status report from the Governments of Punjab, Haryana and U.T. Chandigarh on the accessibility status of judicial complexes to persons with disabilities. 

The division bench asked the Governments whether there is compliance with the Rights of Persons with Disabilities Act, 2016 in the infrastructure of Judicial complexes in various court complexes of districts and High Court.

The matter was referred to the bench on a plea was filed by a 60-year-old disabled lady who sought transfer of her case at District Court Punjab's Malerkotla, from the first floor to the ground floor as the judicial complex did not have any provision for a ramp or an elevator to facilitate a disabled person to attend the Court proceedings.

The right to life enshrined in Article 21 of the Constitution of India is not limited to mere animal-like existence but includes the right to live a meaningful life, with dignity in the truest sense of the term. Absence of appropriate facilities in public buildings, especially judicial complexes, equates to a denial of access to justice and amounts to discrimination against persons with disabilities.

The State has been reminded of its obligation to create a level playing field and provide all necessary facilities to realize the fundamental rights guaranteed to its citizens by the Constitution, including the right to move freely across the territory of India. The next date of hearing is scheduled for 16 April 2024, where the State is expected to file a special affidavit concerning the District Court of Malerkotla.

This case is a testament to the judiciary’s proactive role in safeguarding the rights of the disabled and ensuring that justice is accessible to all, regardless of physical limitations. It serves as a reminder that the pursuit of justice must be inclusive and accommodating to the needs of every citizen.

The order though restricts to seeking status on provisions of lifts and ramps, thus leaving out a huge gamut under the accessibility domain that includes, parking, signage and orientation, tactile maps, TGSIs, colour contrasts, floor surface, accesssible toilets, emergency evacuation for people with disabilities, sign language interpretation for deaf litigants and lawyers, braille and ICT Access for persons with vision impairments among others. 

The court should ideally call for a proper access audit of all the district courts in the two states and the UT of Chandigarh from empanelled access auditors of Govt. of India and follow up until the access recommendations  are implemented in toto. We have already delayed the accessibility mandate as the law provided for 5 year time frame for buildings that expired in 2022.

Read the interim order 

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.

Delhi High Court Grants Relief in Landmark Judgment: Upholding Rights of Persons with Disabilities Against Unjust Transfer [Judgement included]

Court: Delhi High Court 

Bench: Hon’ble Mr. Justice Chandra Dhari Singh

Case Title: Bhavneet Singh Vs  Ircon Internatioal Ltd. through Chairman & MD & Ors.

Case No: W.P.(C) 12404/2022, CM APPL. Nos. 37256/2022 & 10458/2023

Decided on: 15th December 2023

Cases Refered:  Net Ram Yadav Vs. The State of Rajasthan & Ors. 2022 SCC OnLine SC 1022

Facts of the Case

The petitioner, an individual with orthopedic disabilities with a 72% locomotor impairment, field this petition under Article 226 of the Indian Constitution, challenging a transfer order issued by IRCON International Ltd.  relocating the petitioner from the corporate office to the Chhattisgarh Rail Project.

Alleging non-compliance with the Rights of Persons with Disabilities Act, 2016, the petitioner contended that such a transfer would lead to undue harassment, pose health risks, and deprive him of essential medical care. The petitioner argued that the transfer contravened Articles 14 and 16, as well as the provisions of the Disability Act.

In response, IRCON defended the transfer, citing administrative necessities, professional interests, and the amenities available at the new location. They asserted that the move was not intended to be malicious and even offered additional benefits to the petitioner at the new place of transfer.

Upon careful examination of the reasons presented and consideration of the applicable legal standards, the court ruled that the transfer order violated Article 14 and the Rights of Persons with Disabilities Act. The court underscored the importance of ensuring equal opportunities and suitable accommodations for individuals with disabilities. Consequently, the court set aside the transfer orders, granting relief in favor of the petitioner.

Read the Court Judgement dated 15 Dec 23 below:

Court of CCPD issues notice to Ola Cabs on disability discrimination meted out to a disabled veteran refusing to accept the wheelchair for ride.

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

Presided by: Shri Rajesh Aggarwal, CCPD

Case Title: Wing Commander Shantanu Vs. Ola Cabs.

Date of Notice/Order: 15 Dec 2023

Brief: 

The Chief Commissioner for Persons with Disabilities (CCPD) has issued a notice to Ola Cabs in response to a complaint filed by Wing Commander Shantanu, a para shooter, and a veteran of the Indian Air Force. The notice addresses the alleged denial by an Ola Cab driver to accept the wheelchair of the para shooter, who has an 80% locomotor disability.

According to the complaint lodged with the CCPD, Wing Commander Shantanu had booked an Ola cab to travel a short distance from the Karni Singh Shooting Range, where he was participating in the 1st Khelo India Para Games, to a location 3 kilometres away on Tuesday, December 12, 2023 as there was no space in the rear boot, occupied by a CNG kit, the para shooter’s wife requested the driver to place the folded wheelchair in the back seat—a common practice among sedan cab drivers.

However, the specific Ola driver, whose details have been withheld, reportedly responded aggressively, using derogatory language, and demanded that the couple exit the cab, refusing to accommodate the wheelchair.

Feeling aggrieved and humiliated by this encounter, the Air Force veteran complained to the CCPD, seeking redress and action against the driver. The CCPD, viewing the allegations as an affront to the dignity of a person with a disability, particularly a soldier and sportsperson, has issued a notice to Ola Cabs.

The notice requires Ola to respond within 30 days, addressing the reported ill-treatment and ensuring necessary action is taken to prevent such incidents in the future.

Navigating Indian towns poses unique challenges for individuals using wheelchairs. The infrastructure often lacks proper accessibility features, such as ramps or elevators, footpaths, making it difficult for wheelchair users to access public spaces, including sidewalks and buildings.

Narrow and crowded streets further complicate mobility, hindering the smooth movement of wheelchairs. Additionally, public transportation systems may not be wheelchair-friendly, with limited or no provisions for boarding and disembarking.

The overall lack of awareness and accommodation in public spaces contributes to the daily struggles faced by wheelchair users, impacting their ability to move freely and independently in Indian towns despite their equal right to use public transport and public spaces.

Source: Press Release, Govt. of India