CHENNAI: The Madras High Court has directed the governments of Tamil Nadu and Puducherry (UT) as well as the Election Commission of India (ECI) to take adequate action to ensure that persons with disability (PwD) are not denied access to voting and proper facilities are provided to them in the polling stations as per the relevant law and guidelines.
The direction was given by the first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan recently on a petition filed by disabled activist Vaishnavi Jayakumar. Referring to the 2023 guidelines issued by the ECI, the bench observed these guidelines have been issued to ensure access to polling booths for PwDs, which is a statutory right conferred under Section 11 of the Rights of Persons with Disabilities Act.
Therefore, they are binding on all authorities, including the Election Commission and the state government. It said the ECI and the state government are directed to ensure that the aforesaid guidelines are strictly followed in its true letter and spirit.
“We are, therefore, inclined to suo motu implead Tamil Nadu and Puducherry through their chief secretaries,” the bench said in the order while asking the ECI and the other respondents to place an affidavit as to what action has been or is being taken to scale up polling booths, in compliance with the guidelines in order to ensure such facilities are fully developed.