18 November 2024
Shri Rajesh Aggarwal, IAS
Secretary
Department of Empowerment of Persons with Disabilities,
Antyodaya Bhawan, CGO Complex,
Lodhi Road, New Delhi- 110003
Email : secretar...@nic.in
Dear Mr. Aggarwal,
SUB : Compliance with judgement of Supreme Court in Rajive Raturi v. Union of India (2024 INSC 858)
We, the People (with disabilities) of India and allies of the disability rights movement, write to you in light of the 8 November 2024 judgement of the Hon’ble Supreme Court in Rajive Raturi v. Union of India & Ors., which entrusted your office with the responsibility of identifying and clarifying the minimum mandatory provisions under Rule 15 of the Rights of Persons with Disabilities Rules, 2017, considering the recommendations made by NALSAR - Centre for Disability Studies, in their report “FINDING SIZES FOR ALL - A Report on the Status of the Right to Accessibility in India”.
Extracts from the judgement paragraph 75 onwards (emphasis added) conclude that
Creating a minimum floor of accessibility cannot be left to the altar of “progressive realisation”.
76. The Union Government is, accordingly, directed to delineate mandatory rules, as required by Section 40, within a period of three months from the date of this Judgement. 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, and NALSAR CDS is directed to be involved in the process.
It is clarified that progressive compliance with the standards listed in the existing Rule 15(1) and the progress PART F Page 49 of 51 towards the targets of the Accessible India Campaign must continue unabated. However, in addition, a baseline of non-negotiable rules must be prescribed in Rule 15
77. Once these mandatory rules are prescribed, the 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 noncompliance with Rule 15.
78. The following principles of accessibility should be considered while carrying out the above exercise:
a. Universal Design: The rules should prioritise universal design principles, making spaces and services usable by all individuals to the greatest extent possible, without requiring adaptations or specialised design;
b. Comprehensive Inclusion Across Disabilities: Rules should cover a wide range of disabilities including physical, sensory, intellectual, and psychosocial disabilities. This includes provisions for specific conditions such as autism, cerebral palsy, intellectual disabilities, psychosocial disabilities, sickle cell disease, and ichthyosis;
c. Assistive Technology Integration: Mandating the integration of assistive and adaptive technologies, such as screen readers, audio descriptions, and accessible digital interfaces, to ensure digital and informational accessibility across public and private platforms; and
d. Ongoing Stakeholder Consultation: This process should involve continuous consultation with persons with disabilities and advocacy organisations to incorporate lived experiences and practical insights.
The Court's directive as above, to define the "non-negotiable baseline" in consultation with stakeholders is an opportunity to strengthen the accessibility framework and ensure compliance with the RPwD Act, 2016.
This process must be transparent and participatory, cutting across divides of geography, language and disability identity, in the spirit of the drafting of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), ratified by India.
As one week of the three-month timeline set by the Hon’ble Court has already passed, your office is urged to take swift action to initiate the process.
To ensure a timely, transparent and inclusive approach to an Accessible Inclusive India, the following is requested / required :
(a) Begin the consultation process promptly on the ‘minimum mandatory’ non-negotiable accessibility specifications (as per the participatory governance requirements of the Pre-Legislative Consultative Policy of 2014), while ensuring the inclusion of persons with varied disabilities and diverse geographical representation, their representative organisations, and experts with lived experience to contribute practical insights into implementation challenges on the ground;
(b) Publish a timeline with specific milestones and regular meetings to ensure the task is completed within three months as per the direction of the Hon’ble Supreme Court;
(c) Conduct a mass awareness campaign on the lapse of the retrofitting deadlines so the general public is aware of the accessibility mandate;
(d) Publicise the list of empanelled accessibility auditors along with their qualifications and experience and require the government and private sector to incorporate an accessibility consultant’s approval of detailed design drawings so as to ensure the compliance of all projects, (including those currently underway);
(e) Build an eco-system of accessibility capacity building - for eg. online courses to train and certify engineers, architects and website/app developers and require the presence of such certified professionals in ongoing and future procurement tenders;
(f) Prepare model procurement templates with diagrams and detailed specifications as per mandatory procurement standards to ensure planning and procurement processes are universally designed;
(g) Initiate and conduct rapid assessment usability surveys to estimate current level of accessibility, evaluate need analysis and to earmark resources for further action.
(h) Lay groundwork for a temporary budget expense head across ministries to retrofit existing infrastructure as per mandatory standards and incorporate enhanced outlay under the same from the upcoming budget; and
(i) Provide a database of access audit reports in the public domain and create a lean online form-based framework for standardised access audit reports and data to prevent duplication of measurement-taking for retrofit budgeting.
It is firmly believed that a collaborative effort between the government and civil society can produce an accessibility framework that is comprehensive, actionable, and grounded in the lived realities of persons with disabilities. By working together, we can transform this directive into a catalyst for systemic reform, advancing equity and dignity for all.
We remain available for discussion, contribution, or assistance in this endeavour to address systemic barriers to accessibility and strengthen the implementation of the RPwD Act.
Sincerely,
WE, the People (with disabilities) of India & allies
