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Polity & Governance
Mahesh

15/11/24 09:17 AM IST

Supreme Court’s order on mandatory accessibility standards

In News
  • A bench of the Supreme Court recently ordered the Union government to frame mandatory rules for ensuring the accessibility of public places and services to persons with disabilities.
Right of persons with Disabilities Act
  • 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.
  • According to Article 9, “to enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications… and to other facilities and services open or provided to the public, both in urban and in rural areas”.
  • 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 RPwD Rules of 2017, framed under the Act, were to lay down specific accessibility standards.
  • The SC noted that while the RPwD Act created a mechanism for mandatory compliance, the 2017 rules created a mechanism which only prescribed self-regulatory guidelines.
  • It referred to a report prepared by the National Academy of Legal Studies and Research (NALSAR)’s Centre for Disability Studies.
Govt. Guidelines
  • So far, 17 standards and guidelines have been notified across government ministries and departments.
  • These include accessibility guidelines issued by Indian Railways for providing facilities at railway stations, as well as by the Ministry of Ports, Shipping and Waterways.
  • The guidelines issued for the port sector state that they are illustrative in nature and not exhaustive.
  • The lack of uniformity across the different guidelines would create issues in enforcement.
Source- Indian Express

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