Accessibility for Visually Impaired: Supreme Court Mandates Action by 2019

Introduction

In a landmark judgment, the Supreme Court of India has directed the Union and State Governments to ensure accessibility for visually impaired persons in public spaces and transport facilities. This ruling emphasizes the need for a barrier-free environment, recognizing the rights of differently-abled individuals as fundamental human rights. The Court has set specific deadlines for compliance, mandating that necessary measures be implemented to facilitate safe and independent movement for visually impaired persons.

Case Background

The petitioner, Rajive Raturi, a visually impaired individual, filed a public interest litigation (PIL) seeking adequate access to public places for visually impaired persons. The petition highlighted the lack of accessibility measures in urban infrastructure, which significantly hampers the mobility and independence of visually impaired individuals. The petitioner argued that the government had failed to implement necessary accessibility features, despite the existence of statutory provisions under the Disabilities Act.

The petition drew attention to the alarming statistics regarding the visually impaired population in India, which numbers in the millions. The petitioner outlined various international standards and guidelines that mandate accessibility measures, including auditory signals at traffic lights, tactile paving on footpaths, and accessible public transport facilities.

What The Lower Authorities Held

The lower authorities acknowledged the need for accessibility measures but cited budgetary constraints and lack of resources as reasons for the slow implementation of these measures. The Union of India submitted status reports detailing the steps taken towards compliance with the Disabilities Act, but the petitioner argued that these measures were insufficient and lacked urgency.

The Court's Reasoning

The Supreme Court, in its judgment, emphasized that the right to accessibility is a fundamental right under the Constitution of India. The Court referred to Article 21, which guarantees the right to life and personal liberty, and interpreted it to include the right to live with dignity, which encompasses the right to accessibility for persons with disabilities.

The Court noted that the Disabilities Act, 2016 imposes a statutory obligation on the government to ensure that all public facilities are accessible to persons with disabilities. The Court highlighted that the government cannot use budgetary constraints as an excuse to deny these rights. The judgment underscored the importance of creating a barrier-free environment, stating that accessibility is not merely a matter of convenience but a fundamental aspect of human dignity.

Statutory Interpretation

The Court interpreted various provisions of the Disabilities Act, 2016, particularly Section 46, which mandates that all government buildings providing services to the public must be made accessible by June 2019. The Court also referred to the need for comprehensive accessibility audits for public transport facilities, emphasizing that these audits must be conducted to ensure compliance with the Act.

The Court directed the Union and State Governments to take immediate action to identify and retrofit government buildings, ensuring that 50% of these buildings in major cities are made accessible by December 2019. The Court also mandated that accessibility audits be conducted for all public transport facilities, including buses and railway stations, to ensure compliance with the Disabilities Act.

Why This Judgment Matters

This judgment is significant for several reasons. Firstly, it reinforces the rights of visually impaired persons and emphasizes the government's obligation to create an inclusive environment. The Court's ruling sets clear deadlines for compliance, ensuring that the government is held accountable for its commitments to accessibility.

Secondly, the judgment highlights the importance of accessibility in public infrastructure, which is crucial for the independence and dignity of visually impaired individuals. By mandating specific measures, the Court aims to eliminate barriers that hinder the mobility of visually impaired persons, thereby promoting their full participation in society.

Finally, this ruling serves as a precedent for future cases related to disability rights and accessibility, reinforcing the notion that the government must prioritize the needs of differently-abled individuals in its policies and programs.

Final Outcome

The Supreme Court disposed of the petitions with specific directions for the Union and State Governments to ensure compliance with the accessibility requirements outlined in the Disabilities Act, 2016. The Court set deadlines for the identification and retrofitting of government buildings, as well as for conducting accessibility audits for public transport facilities. The Court emphasized the need for a proactive approach to ensure that the rights of visually impaired persons are upheld and that they can navigate public spaces safely and independently.

Case Details

• Citation: 2017 INSC 1243
• Court: In The Supreme Court Of India
• Bench: A.K. SIKRI, J. & ASHOK BHUSHAN, J.
• Date of Judgment: December 15, 2017