Accessibility Rules: Moving Towards a Principle-Based Framework

Source: This post on Accessibility Rules: Moving Towards a Principle-Based Framework has been created based on article “We need accessibility rules that are based on principles” published in The Hindu on 10th January 2025.

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Context: The article discusses the Supreme Court’s landmark judgment in Rajive Raturi v. Union of India (2024), which declared Rule 15 of the Rights of Persons with Disabilities (RPwD) Rules, 2017, violative of the Rights of Persons with Disabilities Act, 2016. The Court criticized the discretionary nature of Rule 15, as it conflicted with the mandatory obligations imposed by the Act to ensure accessibility for persons with disabilities.

What did the Supreme Court rule in Rajive Raturi v. Union of India (2024)?

1. The Supreme Court invalidated Rule 15 of the RPwD Rules, 2017, as it conflicted with the mandatory provisions of the RPwD Act, 2016.
2. The Court observed that the Rule’s discretionary nature undermined mandatory obligations under the Act.
3. Striking down Rule 15 also nullified the statutory authority of existing accessibility guidelines, prompting the Court to direct the government to create minimum mandatory accessibility requirements within three months.

How Should Accessibility and Reasonable Accommodation Be Understood?

1. Accessibility: A right based on universal and standardized provisions ensuring inclusivity across all systems from the outset.
2. Reasonable Accommodation: Tailored solutions addressing specific challenges faced by individuals in specific contexts.
3. Both are complementary and interdependent, forming the foundation for substantive equality.

Why Do Accessibility Parameters Need to Evolve?

1. Dynamic Needs: With technologies like AI and IoT, accessibility must adapt to ensure inclusivity in both physical and digital ecosystems.
2. Phased Realization: Accessibility should follow a sliding-scale approach, setting minimum immediate standards while moving towards comprehensive goals, akin to Canada’s roadmap for full accessibility by 2040.
3. Tangible and Intangible Barriers: The RPwD Act recognizes barriers in their broadest form, from physical infrastructure to societal attitudes, making regular updates essential.

How Does Universal Design Broaden the Scope of Accessibility?

1. Universal design caters not only to persons with disabilities but also to vulnerable groups like women, children, and the elderly.
2. It emphasizes that disability often arises from environmental or situational factors, such as age-related issues, pregnancy, or high cognitive workloads.

What Role Do Social Audits Play in Accessibility Compliance?

1. Social audits mandated under Section 48 of the RPwD Act ensure that schemes and programs meet the needs of persons with disabilities.
2. Challenges: A lack of standardized guidelines, insufficient auditor training, and unclear methodologies lead to inconsistencies between the Centre and States.
3. Solution: Clear guidelines and broader operationalization of audits can identify changing challenges and enhance service delivery.

What Challenges Did Earlier Accessibility Rules Face?

1. Overlapping Jurisdiction: Conflicting mandates across ministries (e.g., sports complexes governed by multiple ministries).
2. Bureaucratic Complexity: Technicalities and contradictions delayed relief for persons with disabilities and increased compliance costs.
3. Lack of Clarity: The absence of streamlined processes made implementation difficult.

What Should the New Accessibility Rules Address?

1. Clarity and Simplicity: Direct, practical rules avoiding bureaucratic complexity.
2. Nodal Authority: Designate regulators or the Ministry of Social Justice and Empowerment to ensure coordination.
3. Immediate and Long-Term Goals: Establish a sliding baseline for accessibility standards to evolve periodically.