GUWAHATI: The Supreme Court has directed the Union Government in a ruling on Friday, November 8, to implement mandatory rules under Section 40 of the Rights of Persons with Disabilities (RPWD) Act, 2016, to ensure accessibility in public places and services for persons with disabilities (PWDs). The Court found that Rule 15 of the RPWD Rules, 2017, which currently governs accessibility, does not meet the standards required by the Act and is therefore ultra vires (beyond legal authority).
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The bench, led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, passed the judgment in response to a Public Interest Litigation (PIL) filed in 2005 by Rajive Raturi, a visually impaired individual. Raturi had sought directions to improve access to public spaces for people with disabilities. In a 2017 ruling, the Court had issued a series of directions to the Union and state governments to make public buildings more accessible. The current case stems from a 2023 review of these directions, which led to the submission of a report by the Centre for Disability Studies (CDS) at NALSAR University of Law, headed by Professor Amita Dhanda.
The Court noted that while the RPWD Act envisaged mandatory compliance with accessibility standards, Rule 15 only provided voluntary, self-regulatory guidelines, falling short of the law's intent. In his judgment, Chief Justice Chandrachud emphasised that accessibility is not an isolated right but a prerequisite for persons with disabilities to exercise other rights meaningfully. The Court recognised the need for a dual approach: retrofitting existing infrastructure to improve accessibility, while also ensuring that new developments meet rigorous standards from the outset.
The Court highlighted that Rule 15, as it stands, functions as an aspirational guideline rather than a binding set of rules, thus contravening the mandatory nature of the RPWD Act. It stated that a ceiling without a floor would not ensure effective accessibility. The Court insisted on the establishment of a baseline of non-negotiable accessibility standards, as initially intended by the Act.
The Court has given the Union Government three months to draft the mandatory rules required under Section 40, working in consultation with stakeholders and CDS-NALSAR. The rules must prioritise universal design, inclusive access for a wide range of disabilities, and the integration of assistive technologies. Ongoing consultation with persons with disabilities and advocacy organisations will also be key to shaping these regulations.
Furthermore, the Court has directed the Union and State governments to enforce penalties for non-compliance, including withholding completion certificates and imposing fines, as stipulated in Sections 44, 45, 46, and 89 of the RPWD Act.
The matter will be revisited on March 7, 2025, to assess progress on the government's compliance with the Court's directions.
