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Supreme Court orders Center to set mandatory accessibility standards for persons with disabilities
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Supreme Court orders Center to set mandatory accessibility standards for persons with disabilities

The Supreme Court on Friday ordered the Center to implement mandatory accessibility standards within three months, in a significant order to improve access to public spaces for people with disabilities.

The order by a three-judge bench headed by Chief Justice DY Chandrachud comes in response to the slow progress on accessibility guidelines issued by the court in a December 15, 2017 judgment.

The bench, also comprising Justices JB Pardiwala and Manoj Misra, stressed the need for “meaningful access” for people with disabilities to public spaces and imposed a two-pronged approach: adapting existing infrastructure to accessibility standards and ensure that all new infrastructure is designed to be inclusive from the start.

The bench concluded that one of the rules of the Rights of Persons with Disabilities (RPWD) Act does not establish enforceable and mandatory standards, but rather relies on self-regulation through guidelines.

While recognizing that accessibility rights are subject to progressive realization, he said a foundation of non-negotiable standards is essential to making public spaces truly inclusive.

It recommended that these mandatory rules be distinct from broader guidelines, with specific standards that can be legally enforced.

The Center for Disability Studies at NALSAR Law University, Hyderabad, has been tasked with helping the government develop these new norms.

The guidelines will also need to ensure compliance through mechanisms such as withholding completion certificates and imposing fines for non-compliance.

The Center for Disability Studies (CDS) at NALSAR University of Law was instrumental in conducting a comprehensive assessment of the current accessibility landscape, it says.

The bench expressed appreciation for the efforts of the CDS, directing the Center to compensate the CDS with Rs 50 lakh for the extensive work they had done using their own resources.

The Ministry of Social Justice and Empowerment has been directed to disburse this amount by December 15, 2024.

The court adjourned the hearing on the PIL filed by Rajive Raturi, seeking directions to ensure meaningful access to public spaces for persons with disabilities, matter till March 7, 2025.

He asked the Center to report on the progress made in implementing the guidelines.