Disability groups applaud the SC ruling declaring accessibility a fundamental right

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Disability groups applaud the SC ruling declaring accessibility a fundamental right



‘Many states and union territories failed to improve disabled friendly accessibility’According to the disability rights group, the journey for people with disability has been a tough one.Although the Persons with Disabilities Act, of 1995 governed the legal framework for disability rights in India, it was only in December 2017, that the apex court issued a key ruling under the amended Rights of Persons with Disabilities Act, 2016, and the Accessible India Campaign.The judgment laid out 11 action points for all states and union territories to improve accessibility in public spaces, including government buildings, railways, airports, ICT ecosystem, and transport carriers.However, despite these directives, many states and union territories failed to comply, the disability rights group said. This prompted the court to appoint the Centre for Disability Studies (CDS) at the NALSAR University of Law to assess the status of accessibility in India.Following this, the NALSAR-CDS along with the National Centre for Promotion of Employment for Disabled People (NCPEDP), National Disability Network (NDN), and others submitted its report, “Finding Sizes for All.”A pan-India survey captured the real-life accessibility challenges faced by persons with disabilities in their day-to-day lives, particularly in education and healthcare.The survey and other findings contributed to the larger study, which formed the basis for the Supreme Court’s ruling on accessibility.The order of the Supreme Court while putting a critical emphasis on universal design, comprehensive inclusion across disabilities, and integration of assistive technology; brings the fundamental right of accessibility within the golden triangle of Articles 14, 19 & 21 of the Constitution of India, they said.The Supreme Court has called for the establishment of minimum mandatory norms for accessibility, creating the framework for an enforceable right to accessibility. This ruling is expected to lead to stricter accountability measures, including withholding of the completion certificates and the imposition of fines for non-compliance, the rights group said.



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