BENGALURU: Bengaluru-based Association of People with Disability (APD), working for equal access and opportunity for persons with disabilities, has welcomed the Supreme Court’s November 8 ruling directing the Centre to establish “mandatory” accessibility standards at public places for people with disabilities within three months.
APD was among the 50 organisations that shared inputs with the Centre for Disability Studies (CDS) at NALSAR University, appointed by the SC to prepare a report on the steps governments should take to make accessibility a reality for the disabled. Experts now hope that the apex court ruling sets the tone for accessibility across all public spaces in India.
“Earlier, the norm was reasonable accommodation, ie. persons with disabilities would need to request the establishment to make changes for them without causing ‘undue burden’. Now the SC ruling has made accessibility a mandatory component, which means inclusion through accessibility can be claimed as an enforceable right,” said Bhumika Modh, part of the Yes to Access Project, Association of People with Disability.
“What makes this judgment important is that the SC has now interpreted the right to accessibility as a ‘foundational’ right, a cornerstone for all fundamental rights for persons with disabilities,” Bhumika said.
Centre for Disability Studies Head Dr Amita Dhanda said, “For accessibility to become a reality, the government needs to create compulsory rules that have to be followed. By holding the government accountable for not establishing these rules, the SC has strengthened the accessibility mandate, setting the stage for an enforceable minimum standard to ensure accessibility for all.”
This judgement has, therefore, laid the foundation on which the disability sector can firmly build an edifice of rights, Dr Dhanda said.
“The system needs to understand that each disability presents unique challenges and minimum standards must reflect that. It is encouraging to see disability inclusion on the agenda, but how the government will implement these changes remains to be seen. We are hoping for real, thoughtful steps that will make accessing essential services possible and dignified for all of us,” said Ashmira Hamirani, a person with visual impairment.