THE CONTEXT: On November 8, 2024, the Supreme Court of India, in the landmark case Rajive Raturi v. Union of India, declared Rule 15 of the Rights of Persons with Disabilities (RPwD) Rules, 2017, as ultra vires to the Rights of Persons with Disabilities Act, 2016. The Court held that Rule 15’s discretionary language contradicted the Act’s mandatory provisions (Sections 40, 44, 45, and 46), which impose binding obligations on the government to ensure accessibility for persons with disabilities.
KEY ISSUES ADDRESSED BY THE COURT:
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- Discretion Over Obligation: Rule 15 used terms like “may” and “recommend,” allowing ministries and departments to treat accessibility guidelines as optional or illustrative. Ministries such as Urban Development, Road Transport, and Railways issued overlapping and inconsistent accessibility guidelines, leading to confusion among stakeholders. There was no mechanism to penalize non-compliance or ensure adherence to accessibility standards under Rule 15.
MANDATORY PROVISIONS OF THE RPWD ACT
The RPwD Act, 2016, through Sections 40, 44, 45, and 46, imposes binding obligations on governments to ensure accessibility:
Section 40: Mandates the Central Government to notify comprehensive accessibility standards for public spaces and services.
Section 44: Requires accessible transport systems.
Section 45: Obligates retrofitting of existing infrastructure to meet accessibility norms.
Section 46: Ensures accessibility in government buildings and public facilities.
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- Contradictions Between Rule 15 and RPwD Act: The RPwD Act envisions accessibility as a fundamental right, requiring enforceable standards. Rule 15 diluted this intent by framing guidelines as advisory rather than compulsory. Accessibility guidelines varied across sectors (e.g., Indian Railways vs. Ministry of Ports), creating inconsistencies in enforcement. Rule 15 failed to prescribe baseline mandatory standards for immediate implementation, contrary to the Act’s intent to achieve substantive equality.
- Fragmentation of Standards: Ministries had developed sector-specific guidelines without a unified framework. The invalidation exacerbates this fragmentation, creating confusion among stakeholders. The absence of enforceable guidelines risks delaying India’s progress toward achieving accessibility goals under the RPwD Act and international commitments like the UNCRPD (2007).
CONCEPTUAL UNDERSTANDING: ACCESSIBILITY VS. REASONABLE ACCOMMODATION:
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- Accessibility: It refers to the removal of barriers—physical, digital, or attitudinal—that prevent PwDs from participating fully and independently in society. Recognized as a universal right under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (2006), accessibility is a precondition for achieving equality. It focuses on standardized measures that ensure inclusivity from the outset, benefiting PwDs and other vulnerable groups like the elderly, pregnant women, and children.
- Reasonable Accommodation: The UNCRPD defines reasonable accommodation as “necessary and appropriate modifications or adjustments” made to ensure PwDs can enjoy their rights equally with others. It is a tailored solution that addresses specific challenges individuals face in particular contexts.
EVOLUTION OF ACCESSIBILITY STANDARDS AND UNIVERSAL DESIGN:
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- Dynamic Standards: Accessibility standards must evolve periodically to incorporate emerging technologies. AI-powered screen readers (e.g., JAWS) enable visually impaired individuals to access digital content. IoT devices like smart home systems ensure greater autonomy for persons with disabilities (PwDs).
- Progressive Implementation: Due to resource and infrastructure constraints, accessibility is rarely achieved instantaneously. A phased approach balances immediate needs with long-term goals. Canada’s roadmap for achieving full accessibility by 2040, with periodic reviews every five years to adapt to evolving challenges.
- Sliding Scale Model: The Supreme Court in Rajive Raturi v. Union of India emphasized setting immediate minimum thresholds while planning for incremental improvements. For example, retrofitting government buildings with ramps as a baseline while gradually incorporating advanced features like tactile pathways and AI-enabled navigation systems.
- Evolving Societal Attitudes: Disability is increasingly viewed as an environmental construct rather than an individual incapacity. A wheelchair user’s mobility depends not only on their condition but also on the availability of ramps or elevators. Accessible India Campaign addresses tangible (built environment) and intangible barriers (awareness generation through mass media campaigns).
- Universal Design and Inclusivity: Universal design principles aim to create environments usable by all, not just PwDs. Low-floor buses benefit wheelchair users, elderly passengers, and pregnant women alike.
THE WAY FORWARD:
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- Compliance Through Social Audits: Under Section 48 of the Rights of Persons with Disabilities (RPwD) Act, 2016, governments are mandated to conduct regular social audits to assess the impact of schemes and programs on persons with disabilities (PwDs). Create a national framework for conducting social audits under the RPwD Act, ensuring uniformity across states and sectors. Train auditors on disability-specific issues through partnerships with institutions like TISS and NIRDPR.
- Simplification and Coordination in New Rules: Develop a comprehensive national framework for accessibility standards applicable across all sectors. The Ministry of Social Justice and Empowerment (MoSJE) can act as the nodal agency. Introduce a single-window clearance system for accessibility certifications to reduce bureaucratic delays.
- Principle-Based Accessibility Rules: Shift from fragmented sectoral guidelines to a cohesive framework based on universal principles of accessibility and reasonable accommodation. Integrate accessibility as a fundamental right under Article 14 (equality) and Article 21 (right to life) of the Constitution.
- Market Incentives for Accessibility: Encourage businesses to invest in accessible products and services by showcasing market incentives. Provide tax incentives or subsidies for companies adopting accessibility standards. Launch a dedicated fund under the Startup India initiative to support startups working on assistive technologies or accessible infrastructure solutions.
- Unified Accessibility Index Across Sectors: Develop a National Accessibility Index (NAI) that ranks public and private entities based on their compliance with accessibility standards. This index should cover all sectors, including urban infrastructure, transport, ICT, education, and healthcare.
THE CONCLUSION:
Go beyond conventional approaches by leveraging innovation, technology, decentralization, and private sector participation. Using the National Accessibility Index, CSR mandates for accessibility projects, decentralized monitoring cells, dynamic tech standards, startup incentives, and nationwide awareness campaigns create a robust ecosystem for inclusivity.
UPSC PAST YEAR QUESTION:
Q. The Rights of Persons with Disabilities Act, 2016, remains only a legal document without intense sensitization of government functionaries and citizens regarding disability. Comment. 2022
MAINS PRACTICE QUESTION:
Q. Accessibility is not merely an infrastructural issue but a fundamental human right. Critically analyze in the context of the Rights of Persons with Disabilities Act, 2016.
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