Summary
In public-interest proceedings on accessibility, the Court recognised the constitutional and statutory obligation to provide barrier-free buildings, transport and information. It prescribed specific historical building and airport deadlines, required timed plans and reports for other sectors, and ordered constitution of advisory boards, with continuing reporting after disposal of the petitions.
Issues
- What enforceable steps and timeframes were required to implement accessibility obligations across buildings, transportation and information services.
Provisions considered
- Sections 2, 16, 25, 40 and accessibility framework discussed in paragraphs16–20, Rights of Persons with Disabilities Act, 2016The definitions and accessibility provisions extended duties across public facilities and Government and private establishments, supported by prescribed standards. (¶¶ 16–20, 28)
Held
- Accessibility and dignity are rights grounded in equality, meaningful life and free movement, requiring positive measures rather than charity. The 2016 statutory framework imposed accessibility duties and time limits without the economic-capacity qualification noted in the earlier Act. (¶ 4–20)
- The Court required adherence to the initial government-building target and June 2019 accessibility for government buildings providing public services. Remaining States had to identify the capital-city buildings by 28 February 2018 for December 2018 retrofitting; the ten-city target required identification and fifty-per-cent audit by February 2018 and retrofitting by December 2019. The central-building target received time until August 2018. (¶ 28(i)–(iv))
- Airport accessibility was to follow the prescribed IIT Roorkee template expeditiously, with subsequent audit uploaded by June 2018. Railways had to meet statutory deadlines and, for other facilities, assess and report a progressive plan within three months rather than automatically adopt every date requested by the petitioner. (¶ 28(v)–(vi))
- Plans and reports within three months were required for accessible Government and private buses, information and communication accessibility, and sign-language-interpreter training. Regular updating of the Harmonized Guidelines was expected. (¶ 28(vii)–(x))
- Advisory boards required under the Act were to be constituted within three months. Reports were also to state intervening follow-up action, and the matter was to return for directions after three months. (¶¶ 28(xi), 29)
Result
Petitions disposed of with accessibility implementation directions, specific deadlines and three-month planning and reporting requirements; matter to be listed for further directions on receipt of reports.