Rights of Persons with Disabilities Act, 2016 – s.40 – Right of Persons with Disabilities Rules, 2017 – r.15(1) – r.15(1), if ultra vires the 2016 Act:
Held: Yes – Guidelines prescribed in Rule 15 are recommendatory under the garb of mandatory rules – Rule 15(1) is ultra vires the scheme and legislative intent of the RPWD Act which creates a mechanism for mandatory compliance – Union Government to delineate mandatory rules, as required by Section 40, within three months from the date of this Judgment – This exercise may involve segregating the non-negotiable rules from the expansive guidelines already prescribed in Rule 15 – Union Government must conduct this exercise in consultation with all stakeholders – NALSARCDS to be involved in the process – Progressive compliance with the standards listed in the existing Rule 15(1) and the progress towards the targets of the Accessible India Campaign must continue unabated – However, in addition, a baseline of non-negotiable rules must be prescribed in Rule 15 – Once these mandatory rules are prescribed, the Union of India, States and Union Territories are directed to ensure that the consequences prescribed in Sections 44, 45, 46 and 89 of the RPWD Act, including the holding back of completion certificates and imposition of fines are implemented in cases of non-compliance with Rule 15 – Various principles of accessibility to be considered while carrying out the aforesaid exercise, enumerated – Union Government to meaningfully consider the recommendations proposed by the petitioner and NALSARCDS with regard to the existing legal framework, while reworking the content of Rule 15. [Paras 76, 77]
Rights of Persons with Disabilities Act, 2016 – Disability as a Social Model– United Nations Convention on the Rights of Persons with Disabilities – Universal and Inclusive Model of Design – Goal, stated – Accessibility – Reasonable Accommodation and Accessibility – Two-Pronged Approach to accessibility:
Held: State cannot negate its duty to accessibility by relying solely on existing standards or waiting for individual requests – Accessibility is not a standalone right; it is a prerequisite for PWDs to exercise other rights meaningfully – Accessibility requires a two-pronged approach (i) that focuses on ensuring accessibility in existing institutions/activities and (ii) that focuses on transforming new infrastructure and future initiatives – Both are essential to achieving true inclusivity in society – Explained. [Para 34-36] Accessibility – International Framework – Evolution, Recognition – Accessibility as a Human Right – International human rights treaties/conventions – United Nations Convention on the Rights of Persons with Disabilities – r.9 – International Principles and Guidelines on Access to Justice for Persons with Disabilities – Principle 2 – Universal Declaration of Human Rights – International Covenant on Civil and Political Rights – Discussed.
Right to Accessibility – Accessibility Jurisprudence – Foreign Jurisprudence vis-à-vis Indian Jurisprudence, stated – Constitution of India – Articles 14, 19, 21.
Rights of Persons with Disabilities Act, 2016 – ss.2(b), 39, 40-46, 89, 100 – Chapter VI – Right of Persons with Disabilities Rules, 2017 – r.15 – Rules for Accessibility – Scheme of the Act – Inconsistencies between r.15 and the RPWD Act, highlighted. Rights of Persons with Disabilities Act, 2016 – s.40 – Right of Persons with Disabilities Rules, 2017 – r.15 – NALSAR Report – Methodology in preparing its report, findings summarized – Inadequate accessibility measures in various sectors like Courts, Prisons, Educational institutions, Buildings and Transport, employment etc., discussed.
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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