This article analyzes the Supreme Court's judgment in Rajive Raturi v. Union of India, which struck down Rule 15 of the Rights of Persons with Disabilities (RPwD) Rules, 2017.
Key takeaways:
Rule 15 violated the RPwD Act: The Court found that Rule 15, which allowed for discretionary implementation of accessibility guidelines by ministries and departments, contradicted the mandatory provisions of the RPwD Act.
Need for principle-based framework: The judgment emphasizes the need for a principle-based framework for accessibility guidelines, focusing on universality and intersectionality.
Importance of minimum accessibility standards: The Court stressed the need for establishing minimum accessibility standards with a phased implementation approach.
Addressing intangible barriers: The judgment recognizes the importance of addressing intangible barriers, such as attitudinal barriers, in addition to physical barriers.
Role of social audits: The judgment highlights the need for effective social audits to monitor the implementation of accessibility guidelines and identify areas for improvement.
Importance of clear and concise guidelines: The new guidelines should be clear, concise, and easy to understand, avoiding bureaucratic complexity.
Recommendations:
Develop a comprehensive and principle-based framework for accessibility guidelines that addresses the needs of all persons with disabilities.
Establish clear minimum accessibility standards with a phased implementation plan.
Strengthen social audit mechanisms to ensure effective implementation and monitoring of accessibility guidelines.
Involve diverse stakeholders, including persons with disabilities, in the development and implementation of accessibility guidelines.
Address the issue of overlapping and contradictory guidelines by establishing a clear mechanism for coordination and adjudication.
Overall:
The Rajive Raturi judgment is a significant step towards ensuring greater accessibility for persons with disabilities in India.
By emphasizing the need for a principle-based framework and mandatory compliance with accessibility standards, the Court has paved the way for a more inclusive and equitable society.
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