Meeting with Stakeholders based on Hon’ble Supreme Court Judgment in W(P) 243/2005 and with Writ Petition (C) No. 228 of 2006

Directions of Hon’ble Court – (1/4)

• In a judgment dated 15th December 2017, Hon’ble Court identified eleven action points pursuant to the RPWD Act and the Accessible India Campaign for compliance.
• These action points pertained to accessibility of government buildings, railways, airports, ICT ecosystem and transport carriers.
• Union of India, all States and Union Territories were directed to file their compliance affidavits, within three months.
• Most States and Union Territories did not provide the required information and failed to file their compliance affidavits.

(2/4)

• On 29 November 2023, NALSAR-CDS was directed to submit a report on the steps required to be taken and status of accessibility in India.
• On 08.11.2024, Hon’ble Court directed that :
• Several of the guidelines prescribed in Rule 15, appear to be recommendatory guidelines, under the garb of mandatory rules. Rule 15(1) is thus ultra vires the scheme and legislative intent of the RPWD Act which creates a mechanism for mandatory compliance. Creating a minimum floor of accessibility cannot be left to the altar of “progressive realization”.

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(3/4)

• Delineate mandatory rules, as required by Section 40, within a period of three months from the date of this Judgment. This exercise may involve segregating the non-negotiable rules from the expansive guidelines already prescribed in Rule 15.
• The Union Government must conduct this exercise in consultation with all stakeholders.
• It is clarified that progressive compliance with the standards listed in the existing Rule 15(1) and the progress towards the targets of the Accessible India Campaign must continue unabated.

(4/4)

• Once these mandatory rules are prescribed, Union of India, States and Union Territories are directed to ensure that the consequences prescribed in Sections 44, 45, 46 and 89 of the RPWD Act, including the holding back of completion certificates and imposition of fines are implemented in cases of non-compliance with Rule 15.
• The following principles of accessibility should be considered while carrying out the above exercise:
• Universal Design
• Comprehensive Inclusion Across Disabilities
• Assistive Technology Integration
• Ongoing Stakeholder Consultation

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As per Section 40 and 41 of the RPwD Act, 2016

Section 40: The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.

Section 41:

(1) The appropriate Government shall take suitable measures to provide,—

(a) 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;

(b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and without entailing major structural changes in design;

(c) accessible roads to address mobility requirements.

(2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost.

Section 42 of the RPwD Act, 2016

The appropriate Government shall take measures to ensure that,—

(i) all contents available in audio, print and electronic media are in accessible format;

(ii) persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning;

(iii) electronic goods and equipment which are meant for every day use are available in universal design.

Rights of Persons with Disabilities Rules, 2017, notified on 15.06.2017

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Rule 15 of the aforementioned Rules (Rules for Accessibility) states-

1. Every establishment shall comply with the following standards relating to physical environment, transport and information and communication technology (as per notified Guidelines/Standards notified under these rules)
2. The respective Ministries and Departments shall ensure compliance of the standards of accessibility specified under this rule through the concerned domain regulators or otherwise.

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Central Advisory Board on Disability

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• In exercise of the powers conferred by sub-sections (1) and (2) of Section 60 of the RPwD Act, 2016, the Department vide its notification dated 8th November, 2017 constituted Central Advisory Board on Disability (CAB).

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• The CAB in its deliberations suggested the Department to formulate Sector Specific Accessibility Standards/ Guidelines with 20 Central Government Ministries/ Departments who are also the part of the board.

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• Out of 20 Ministries/Departments 13 Ministries/Departments along with the Department of Financial Services (1 out of 4 sector) have notified the guidelines under Rule 15 of RPwD Rule, 2017 and 3 Ministries/Dept have adopted the other notified guidelines

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10

November 25, 2024

Ministries/Departments with guidelines notified under Rule 15 of RPwD Rules (1/3)

11

November 25, 2024

2/3

3/3

November 25, 2024

13

November 25, 2024

Ministries/Departments which have adopted the guidelines/standards of other Ministry/ Department notified under Rule 15 of the RPwD Rules.

Thank You! �