CHENNAI: Censuring the Tamil Nadu Transport Department for failing to provide adequate buses for the disabled persons despite a 2016 court order, the Madras High Court on Thursday warned that it would be compelled to initiate contempt proceedings if the department does not address the problem of the people with special needs. The Chief Secretary and the State Transport department secretary appeared through video conference as per the directions of the court.
The 2016 order of the high court mandated that Tamil Nadu State Transport Corporation (TNSTC) should only procure low-floor disabled-friendly buses in the future. The order was to ensure that all transport corporations of the state-run only such low floor buses for the easy access of people with needs.
The issue pertains to a batch of public interest litigations seeking appropriate facilities for persons with disabilities for accessing public transport.
The two-member bench comprising Justices M Sathyanarayanan and R Hemalatha passed the directions after it was submitted by advocate T Mohan, amicus curiae appointed by the court, that since 2017 the state transport corporation has procured 4817 new buses which are not disabled-friendly by completely violating the court order.
However, the counsel for the Transport corporation Rita Chandrasekar submitted that after the court order at least 10 buses were procured with lift facilities, however, there was not much of a reception from the people with needs.
The bench recording the submissions expressed its disappointment by pointing out that section 41 of the Rights of Persons with Disabilities Act emphasized the provision that mandates the government to establish facilities for persons with disabilities at bus stops, railway stations, and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters, and ticketing machines.
Appearing for the state, Advocate General Vijay Narayan in his reply said that 10 percent of the buses that the transport corporations are procuring in future will be disabled-friendly.
Despite the paucity of the funds there has to be a social obligation for the department in addressing the problem of the people with needs, said the bench.
The court taking note of the submissions made by the state observed that "When there is a law that mandates such provision has to be provided then that requires implementation. However, if the authorities fail to do so we will be compelled to initiate contempt action against them."
"We hope such a situation will not arise and we are directing the authorities to find a solution to the issue," added the bench.
The bench directed the authorities concerned to file a detailed report by February 26 after discussing it with each of the departments on the solution.