{"id":322983,"date":"2025-01-10T17:02:16","date_gmt":"2025-01-10T11:32:16","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=322983"},"modified":"2025-01-10T17:02:16","modified_gmt":"2025-01-10T11:32:16","slug":"accessibility-rules-moving-towards-a-principle-based-framework","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/accessibility-rules-moving-towards-a-principle-based-framework\/","title":{"rendered":"Accessibility Rules: Moving Towards a Principle-Based Framework"},"content":{"rendered":"

Source:<\/strong> This post on Accessibility Rules: Moving Towards a Principle-Based Framework<\/strong> has been created based on article \u201cWe need accessibility rules that are based on principles\u201d<\/strong> published in The Hindu on 10th January 2025.<\/p>\n

UPSC Syllabus- GS-2 -Polity<\/p>\n

Context: The article discusses the Supreme Court’s landmark judgment in Rajive Raturi v. Union of India (2024)<\/strong>, which declared Rule 15 of the Rights of Persons with Disabilities (RPwD) Rules, 2017<\/strong>, violative of the Rights of Persons with Disabilities Act, 2016<\/strong>. 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.<\/p>\n

What did the Supreme Court rule in Rajive Raturi v. Union of India (2024)?<\/h2>\n
    \n
  1. The Supreme Court invalidated Rule 15 of the RPwD Rules, 2017, as it conflicted with the mandatory provisions of the RPwD Act, 2016.<\/li>\n
  2. The Court observed that the Rule\u2019s discretionary nature undermined mandatory obligations under the Act.<\/li>\n
  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.<\/li>\n<\/ol>\n

    How Should Accessibility and Reasonable Accommodation Be Understood?<\/strong><\/h2>\n
      \n
    1. Accessibility<\/strong>: A right based on universal and standardized provisions ensuring inclusivity across all systems from the outset.<\/li>\n
    2. Reasonable Accommodation<\/strong>: Tailored solutions addressing specific challenges faced by individuals in specific contexts.<\/li>\n
    3. Both are complementary and interdependent, forming the foundation for substantive equality.<\/li>\n<\/ol>\n

      Why Do Accessibility Parameters Need to Evolve?<\/strong><\/h2>\n
        \n
      1. Dynamic Needs<\/strong>: With technologies like AI and IoT, accessibility must adapt to ensure inclusivity in both physical and digital ecosystems.<\/li>\n
      2. Phased Realization<\/strong>: Accessibility should follow a sliding-scale approach, setting minimum immediate standards while moving towards comprehensive goals, akin to Canada\u2019s roadmap for full accessibility by 2040.<\/li>\n
      3. Tangible and Intangible Barriers<\/strong>: The RPwD Act recognizes barriers in their broadest form, from physical infrastructure to societal attitudes, making regular updates essential.<\/li>\n<\/ol>\n

        How Does Universal Design Broaden the Scope of Accessibility?<\/strong><\/h2>\n
          \n
        1. Universal design caters not only to persons with disabilities but also to vulnerable groups like women, children, and the elderly.<\/li>\n
        2. It emphasizes that disability often arises from environmental or situational factors, such as age-related issues, pregnancy, or high cognitive workloads.<\/li>\n<\/ol>\n

          What Role Do Social Audits Play in Accessibility Compliance?<\/strong><\/h2>\n
            \n
          1. Social audits mandated under Section 48 of the RPwD Act ensure that schemes and programs meet the needs of persons with disabilities.<\/li>\n
          2. Challenges<\/strong>: A lack of standardized guidelines, insufficient auditor training, and unclear methodologies lead to inconsistencies between the Centre and States.<\/li>\n
          3. Solution<\/strong>: Clear guidelines and broader operationalization of audits can identify changing challenges and enhance service delivery.<\/li>\n<\/ol>\n

            What Challenges Did Earlier Accessibility Rules Face?<\/strong><\/h2>\n
              \n
            1. Overlapping Jurisdiction<\/strong>: Conflicting mandates across ministries (e.g., sports complexes governed by multiple ministries).<\/li>\n
            2. Bureaucratic Complexity<\/strong>: Technicalities and contradictions delayed relief for persons with disabilities and increased compliance costs.<\/li>\n
            3. Lack of Clarity<\/strong>: The absence of streamlined processes made implementation difficult.<\/li>\n<\/ol>\n

              What Should the New Accessibility Rules Address?<\/strong><\/h2>\n
                \n
              1. Clarity and Simplicity<\/strong>: Direct, practical rules avoiding bureaucratic complexity.<\/li>\n
              2. Nodal Authority<\/strong>: Designate regulators or the Ministry of Social Justice and Empowerment to ensure coordination.<\/li>\n
              3. Immediate and Long-Term Goals<\/strong>: Establish a sliding baseline for accessibility standards to evolve periodically.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

                Source: This post on Accessibility Rules: Moving Towards a Principle-Based Framework has been created based on article \u201cWe need accessibility rules that are based on principles\u201d published in The Hindu on 10th January 2025. UPSC Syllabus- GS-2 -Polity Context: The article discusses the Supreme Court’s landmark judgment in Rajive Raturi v. Union of India (2024),… Continue reading Accessibility Rules: Moving Towards a Principle-Based Framework<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230],"tags":[212,225,10498],"class_list":["post-322983","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","tag-gs-paper-2","tag-polity","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/322983","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=322983"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/322983\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=322983"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=322983"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=322983"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}