Published 14:47 IST, November 8th 2024
SC Directs Centre to Establish Mandatory Accessibility Standards for Disabled Persons
The order by a three-judge bench headed by Chief Justice D Y Chandrachud comes in response to slow progress on the accessibility directives issued by the court.
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New Delhi: Supreme Court on Friday directed Centre to implement mandatory accessibility standards within three months, in a significant order aimed at improving access to public s for persons with disabilities.
order by a three-judge bench heed by Chief Justice D Y Chandrachud comes in response to slow progress on accessibility directives issued by court in a judgement on December 15, 2017.
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bench, also comprising Justice J B Pardiwala and Maj Misra, underscored necessity of "meaningful access" for disabled persons to public s and mandated a two-pronged approach: apting existing infrastructures to accessibility standards, and ensuring that all new infrastructure is designed to be inclusive from outset.
bench found that one of rules of Rights of Persons with Disabilities (RPWD) Act does t establish enforceable, compulsory standards, but rar, it relies on self-regulation through guidelines.
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While ackwledging that accessibility rights are subject to progressive realisation, it stated that a baseline of n-negotiable standards is essential to make public s truly inclusive.
It recommended that se mandatory rules be distinct from broer guidelines, with specific standards that can be legally enforced.
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Center for Disability Studies at NALSAR University of Law, in Hyderab, has been tasked with assisting government in developing se new standards.
guidelines will also need to ensure compliance through mechanisms such as withholding completion certificates and imposing fines for n-compliance.
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Carlton Business School (CBS), a part of NALSAR's Department of Manment Studies, was instrumental in conducting a comprehensive assessment of current accessibility landscape, it said.
bench expressed its appreciation for CBS's efforts, directing Centre to compensate CBS with Rs 50 lakh for extensive work y completed using ir own resources.
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Ministry of Social Justice and Empowerment has been ordered to disburse this amount by December 15, 2024.
bench journed hearing on PIL filed by Rajive Raturi, seeking directions to ensure meaningful access to public s for persons with disabilities, matter until March 7, 2025.
It asked Centre to report on progress me toward implementing directives.
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14:47 IST, November 8th 2024