Accessibility for disabled persons is a fundamental right, rules top court

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Last Updated12/11/2024

The Supreme Court has confirmed 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.

The Supreme Court of India has reaffirmed that the right to access environments, services, and opportunities is an essential human right for persons with disabilities (PWDs). This right, however, remains largely unfulfilled on the ground, highlighting the need for stronger accessibility standards.

Fundamental Right to Accessibility: Chief Justice of India D.Y. Chandrachud underscored that accessibility is a core human and fundamental right, integral to life equality, freedom, and human dignity.
Disability and Social Responsibility: Quoting that disability becomes a tragedy only if society fails to provide essential resources, the court emphasized the importance of societal inclusion.

Current Accessibility Standards: The judgment highlighted gaps in public transport, noting Delhi’s 3,775 wheelchair-accessible buses in contrast to Tamil Nadu's 1,917. Facilities like Andheri Metro Station in Mumbai meet standards, whereas older buildings lack basic accessible features.
Private Spaces and Emotional Needs: The court pointed out that societal norms often neglect the right to personal and emotional needs for PWDs, particularly the need for privacy and spaces to express love, desire, and intimacy.

NALSAR University Report: A study by the Centre for Disability Studies at NALSAR University revealed poor compliance with accessibility standards. Many provisions under the Rights of Persons with Disabilities (PWD) Rules were not mandatory, leading to weak enforcement.
Directive to Government: The Supreme Court ordered the government to draft new, mandatory rules for accessibility standards within three months to strengthen compliance and enforcement.

Focus on Societal Barriers: The court emphasized the "social model of disability," which attributes disability to societal barriers (physical, organizational, attitudinal) rather than individual limitations.
Universal Design Mandate: The government was urged to adopt a universal design approach for public and private spaces, ensuring inclusivity from the start in all new services, products, and facilities.