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Himachal Pradesh High Court · body

2018 DIGILAW 1358 (HP)

Mukesh Kumar v. State Of H. p

2018-07-23

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT 1. Taking note of the provisions of the Rights of Persons with Disabilities Act, 2016 and the duties and obligations cast upon the State, both under the International Conventions and the Constitution of India, holding the Right to Life to live with dignity and more so, in the case of persons suffering from visual impairment and other physical disabilities, to be part of Article 21 of the Constitution of India, the Apex Court in Rajive Raturi v. Union of India and others, (2018) 2 Supreme Court Cases 413 issued the following directions: "34. Having regard to the aforesaid position emerging on record, we dispose of these petitions with the following directions: (i) Making 20-50 important government buildings in 50 cities fully accessible December 2017 (State Govt. Buildings) 34.1. Since, this deadline is set by the AIC itself, this should be met. In any case, as per the provisions of Section 46 of the Disabilities Act, 2016, all Government buildings providing any services to the public are to be made fully accessible by June, 2019 which has to be adhere to. (ii) Making 50% of all the govt. buildings of the national capital and all the state capitals fully accessible by December, 2018. 34.2 Though the deadline for identifying the buildings was fixed as February 28, 2017, according to status report dated August 8, 2017, only seven States have identified the buildings. Remaining States are directed to identify the buildings by February 28, 2018 and it is made clear that no further time in this behalf shall be granted. Insofar as deadline for retrofitting is concerned, the work should be completed by December, 2018. (iii) Completing accessibility audit of 50% of govt. buildings and making them fully accessible in 10 most important cities/towns of states/UTs not covered in targets (i) and (ii) by December 2019. 34.3. Position regarding this action point is the same as noted in respect of action point 2, namely, only seven States have submitted their list of 10 most important cities/towns and not a single building has been identified so far. The States are, therefore, directed to identify 10 most important cities/towns and complete accessibility audit of 50% of Government buildings in these cities/towns by February 28, 2018. Likewise, retrofitting of these be completed by December 2019 as per the revised deadline set out by CCC. (iv) Central Govt. buildings. 34.4. The States are, therefore, directed to identify 10 most important cities/towns and complete accessibility audit of 50% of Government buildings in these cities/towns by February 28, 2018. Likewise, retrofitting of these be completed by December 2019 as per the revised deadline set out by CCC. (iv) Central Govt. buildings. 34.4. Having regard to the comments given by the petitioner in its affidavit dated 23.8.2017 on this aspect, time-frame of August, 2018 is given for completing this target. (v) Accessibility in airports. Completing accessibility audit of all the international airports and making them fully accessible by December 2016. 34.5. The demand of the petitioner that Civil Aviation Ministry should follow the prescribed template i.e. IIT Roorkee template on the Government website appears to be justified which should be implemented as expeditiously as possible. The Union of India should thereafter conduct the accessibility and audit and upload the same on the website by June, 2018. (vi) Accessibility in Railways. Ministry of Railways was required to make all A1, A and B category railway stations fully accessible by July 2016. 50% of all railway stations to made fully accessible by March 2018. 34.6. As is clear from the affidavit dated June 30, 2017 filed by the petitioner, as many as 12 directions are sought under this action point. Insofar as providing of various facilities in the railway stations are concerned, which are listed by the petitioner, there cannot be any dispute that the Indian railways is statutorily obligated to make those provisions. The petitioner has, however, sought time bound directions for providing such facilities. Wherever the provisions of the Disabilities Act, 2016 prescribe the deadlines, the respondent is to provide those facilities within those time framework. Insofar as other facilities are concerned, in respect of which the petitioner wants those facilities by specified period, we are not fixing such a period. Instead, we direct that the appropriate/competent authority in the railways shall make an assessment in this behalf so as to ascertain as to by what date(s) these facilities will be provided. Such a study can be undertaken and exercise be completed within a period of three months and report in that behalf shall be filed in the Court, chalking out the progressive plan. (vii) 10% of government owned public transport carriers are to be made fully accessible by March 2018. 34.7. Such a study can be undertaken and exercise be completed within a period of three months and report in that behalf shall be filed in the Court, chalking out the progressive plan. (vii) 10% of government owned public transport carriers are to be made fully accessible by March 2018. 34.7. Here again, Section 41 of the Disabilities Act, 2016 provides for comprehensive accessibility in all modes of transport including but not remitted to the bus transport. Therefore, it becomes the duty of the Union, States as well as Union Territories to ensure that all Government buses are disabled friendly in accordance with the Harmonized Guidelines. Likewise, the respondents are duty bound to see that private buses also become disabled friendly. Thus, we direct the Government to lay down the plan giving the dates by which the aforesaid task shall be undertaken, keeping in view the directions which are sought by the petitioner in this behalf and the same shall be filed within three months. (viii) Comprehensive revision of target deadliness under accessibility of knowledge and ICT Ecosystem. At least 50% of central and state govt. websites are to meet accessibility standards by March 2017. At least 50% of the public documents are to meet accessibility standards by March 2018. 34.8. On this action point, the petitioner has sought five directions. Again, there cannot be any dispute that such provisions have to be made as Disabilities Act, 2016 itself mandates that. The only question is about the time schedule. On certain aspects, AIC had itself mentioned the target date. In any case, let there be a study undertaken in this behalf as well by the Union of India and report be filed within three months stating as to by what date(s) compliance shall be made. (ix) Bureau of Indian Standards to embed disability aspect in all relevant parts of revised National Building Code. 34.9. It is expected that the respondents would regularly update the Harmonized Guidelines keeping in view the provisions of Disabilities Act, 2016 and technological advancement vis-a-vis the needs of persons with disabilities. (x) The target of training additional 200 sign language interpreters by March 2018. 34.10. Needful be done in this behalf as well within reasonable time and the Government is directed to file an affidavit within three months stating the time period within which the same can be accomplished. (xi) Advisory Boards 34.11. (x) The target of training additional 200 sign language interpreters by March 2018. 34.10. Needful be done in this behalf as well within reasonable time and the Government is directed to file an affidavit within three months stating the time period within which the same can be accomplished. (xi) Advisory Boards 34.11. As per the provisions of Sections 60 and 66 of the Disabilities Act, 2016, all States and Union Territories are required to constitute the Central and State Advisory Boards. In order to effectively implement the provisions of the said Act, it becomes the duty of the States and Union Territories to constitute such Advisory Boards. Therefore, we direct these Advisory Boards to be constituted by all States and Union Territories within a period of three months from today." 2. The present writ petitioners, who are God''s gifted children, undertaking higher education at Himachal Pradesh University (respondent No. 2), have highlighted the issues (a) non-implementation of the provisions of the Rights of Persons with Disabilities Act, 2016; (b) the difficulties faced by the special students; (c) the callous and insensitive attitude/behaviour on the part of the authorities; and (d) noncompliance of the Statute/directions (supra). 3. When we peruse the response filed by the University, we find the level of callousness and insensitivity to be only exhibiting many folds. The Registrar of the University, who has sworn the affidavit, has not elaborated as to how best the provisions of the Act and the directions issued by the Apex Court stand implemented in the University. 4. In fact, when we peruse the rejoinder filed by the writ petitioners, we find the averments made in the response to be incorrect, if not false. 5. Before we pass any further order in the matter, we direct the Chairman, District Legal Services Authority to inspect the campus of the University, including all the buildings and more specifically, the Administrative Block, the class rooms and the hotels/public utility services for ascertaining the factual position with regard to the implementation of the provisions of the Act and the directions issued by the Apex Court (supra). 6. We notice that in the campus, there are certain places which are accessible only to women. 6. We notice that in the campus, there are certain places which are accessible only to women. For carrying out inspection of these areas, we leave it to the best judgment of the Chairman, District Legal Services Authority to avail the services of any lady Judicial officer or any lady officer of the District Administration. Such inspection be positively carried out within a period of three weeks and report submitted before the next date of hearing. An advance copy thereof be supplied to the University for taking all remedial measures, required to be taken, if any, in that regard. Response of the Registrar be positively filed before the next date of hearing. 7. We clarify that inspection shall be carried out at such a time and manner that large number of students/stakeholders are associated and involved in the exercise. This we say for the reason that by carrying out exercise in such a manner, large number of people would be sensitized on a vital issue of public importance. 8. List on 20th August, 2018. Copy dasti.