The Supreme Court bench headed by outgoing Chief Justice of India Justice DY Chandrachud on November 8 said that disabled persons’ right to access environments, services, and opportunities is an essential human and fundamental right, which has hardly been realised on the ground.
Key points
- The decision brings the fundamental right of accessibility within the golden triangle of Articles 14, 19 & 21 of the Constitution of India.
- The apex court held that the provisions of the Rights of Persons with Disabilities (RPwD) Act and the rules notified under it were not being treated as mandatory.
- The bench ordered the Union government to frame mandatory rules for ensuring the accessibility of public places and services to persons with disabilities.
- As a signatory to the United Nations Convention on Rights of Persons with Disabilities (CRPD), India is obligated to promote accessibility as an essential right.
- Enacted in 2016, the RPwD Act draws on the CRPD and aims “to ensure that all persons with disabilities can lead their lives with dignity, without discrimination and with equal opportunities.”
- The Rights of Persons with Disabilities (RPwD) Rules of 2017, framed under the Act, were to lay down specific accessibility standards.
- In December 2017, the apex court issued a key ruling under the amended Rights of Persons with Disabilities Act, 2016, and the Accessible India Campaign.
- The judgment laid out 11 action points for all states and union territories to improve accessibility in public spaces, including government buildings, railways, airports, ICT ecosystem, and transport carriers.
