| Introduction: Contextual Introduction Body: Analyse the Court’s judgement and its implications for accessibility standards in India Conclusion: Way forward |
The case of Rajive Raturi v. Union of India (2024) stems from a Public Interest Litigation (PIL) filed by Rajive Raturi, a visually impaired rights activist, seeking enforcement of accessibility provisions under the Rights of Persons with Disabilities Act, 2016 (RPwD Act).
Analysis of the Supreme Court’s Judgment
- Striking Down Rule 15 of RPwD Rules, 2017: The striking down of Rule 15 invalidated accessibility guidelines notified under it, such as the Ministry of Housing and Urban Affairs’ barrier-free environment guidelines and the Ministry of Road Transport and Highways’ bus body code.
- Shift from Silo-Based to Principle-Based Framework: The Court emphasized that accessibility guidelines should be based on universal principles to ensure intersectionality and adaptability. Accessibility is now viewed not as a static goal but as a dynamic concept evolving with technological and societal changes.
- Differentiation Between Accessibility and Reasonable Accommodation: The Court distinguished accessibility as universal and proactive, ensuring baseline standards, while reasonable accommodation involves tailored adjustments for specific needs. Both were recognized as complementary tools for achieving substantive equality.
- Phased Realization of Accessibility: The judgment proposed a sliding-scale approach, with minimum baseline standards periodically reviewed and enhanced, drawing inspiration from Canada’s roadmap to full accessibility by 2040.
Implications for Accessibility Standards in India
- Uniform and Mandatory Accessibility Standards: The judgment mandates the formulation of cohesive, mandatory rules applicable across all ministries and sectors, replacing the fragmented and discretionary framework of the past. This will ensure universal access to infrastructure, transport, digital platforms, and services.
- Operationalization of Social Audits: Standardized audit methodologies will enhance accountability, identify challenges, and lead to better service delivery, such as improved access to assistive technologies.
- Simplification and Clarity in Compliance: The Court’s direction for streamlined rules will reduce bureaucratic complexity and ensure that entities understand and implement guidelines efficiently.
- Adoption of Universal Design Principles: The evolution of universal design principles beyond disability to encompass other vulnerable groups—such as women, children, and the elderly—reinforces the inclusivity of accessibility standards.
Conclusion
The Rajive Raturi judgment is a transformative step towards achieving substantive equality for persons with disabilities in India. While the implementation challenges are significant, the potential to create a truly inclusive society makes this judgment a landmark in advancing disability rights and fostering universal accessibility in India.
