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Rajive Raturi vs Union of India & Ors.

Not available · 2024 INSC 858Decided 8 Nov 2024
Not available

Background

This long-running writ petition, filed by a visually impaired petitioner, sought directions to make public spaces, transport, and services accessible to persons with disabilities. The Court had earlier commissioned NALSAR University's Centre for Disability Studies (NALSAR-CDS) to prepare a detailed report, based on consultations with over 50 experts and inputs from multiple states, on gaps in India's accessibility framework. A central issue was that Rule 15 of the RPWD Rules, which sets accessibility standards for buildings and services, used vague, non-binding language ("shall" without firm enforceable standards) inconsistent with the mandatory tone of the parent Act.

Decision Breakdown

The Court examined accessibility as a human right and endorsed a "two-pronged approach" combining universal/inclusive design with reasonable accommodation for individual needs. It found inconsistencies between Rule 15 and the RPWD Act's stricter requirements, and directed the Union Government to rework Rule 15 to incorporate universal design principles, comprehensive coverage of all types of disabilities, mandatory integration of assistive technology, and ongoing consultation with persons with disabilities and advocacy groups. The Court commended NALSAR-CDS for its extensive, resource-intensive report and directed the Union Government to pay it Rs. 50 lakh as compensation for the work. The matter was adjourned to March 2025 for the government to report compliance.

Lesson Learnt

Accessibility for persons with disabilities is a constitutionally protected right, not a discretionary welfare measure: subordinate rules that dilute or leave vague the accessibility standards set by Parliament's own disability law can be struck down as inconsistent with the parent statute, and courts can compel the government to rewrite them with real, enforceable content.

Official source (sci.gov.in)View Judgment (PDF)

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