Supreme Court Urges Government to Enhance Accessibility for Persons with Disabilities
Supreme Court's Directive on Accessibility for Disabled Individuals
New Delhi, July 29 - In a significant ruling aimed at improving facilities and accessibility for persons with disabilities, the Supreme Court instructed the central government on Wednesday to thoroughly consider the recommendations from experts and petitioners. This is to ensure the creation of robust and error-free regulations that facilitate easier access to public spaces and services for these individuals. The court had previously directed the government to establish mandatory rules under Section 40 of the Rights of Persons with Disabilities Act (RPWD), 2016, by November 8, 2024, to make public areas and services accessible.
The bench, comprising Justices JB Pardiwala and KV Vishwanathan, acknowledged the arguments regarding the formulation of these rules. They urged Additional Solicitor General Aishwarya Bhati, representing the government, to take into account the suggestions from experts and petitioners before notifying the draft rules in the official gazette, aiming to make them more robust, error-free, and practical.
The bench remarked, “The petitioner's lawyer emphasized that the suggestions should be considered before finalizing and publishing the draft rules to avoid any flaws or deficiencies, thereby enhancing the effectiveness of the RPWD Act and fulfilling the law's objectives.”
The Supreme Court also expressed serious concern that 11 states and union territories, including Delhi, Haryana, Rajasthan, Himachal Pradesh, Karnataka, Andaman and Nicobar Islands, and Tamil Nadu, have failed to appoint the mandatory state commissioners under the RPWD Act, who are responsible for overseeing the rehabilitation of persons with disabilities. The bench directed all states to appoint these commissioners within four weeks as per Section 79 of the RPWD Act, emphasizing strict compliance without any leniency.
Furthermore, the bench took a firm stance regarding the absence of a regular Chief Commissioner, which is a requirement under the RPWD Act for monitoring the rehabilitation of disabled individuals. The court instructed the central government to appoint two commissioners to assist the Chief Commissioner within four weeks, in accordance with the mandatory provisions of the law, to ensure the rehabilitation of persons with disabilities.
The bench has scheduled the hearing for a public interest petition filed by Rajiv Ratudi in 2025 for January next year, requesting the central government and other parties to submit compliance affidavits. Earlier, in 2024, the Supreme Court had directed the government to implement mandatory accessibility standards within three months to enhance access to public spaces for persons with disabilities.
The bench had previously postponed the hearing on the public interest petition requesting guidelines to ensure meaningful access to public spaces for persons with disabilities, asking the central government to report on the progress made in implementing the directives.