Fwd: Compliance with judgement of Supreme Court in Rajive Raturi v. Union of India (2024 INSC 858)

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Vaishnavi Jayakumar

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Nov 19, 2024, 5:57:58 AM11/19/24
to WE the PwD Egroup, Access Forum, sci-ind...@googlegroups.com, in-tn-di...@googlegroups.com, disability-studies-india, Egroup DRA, IFRA
FYI : Email below with all those who signed before 11 pm was sent to DEPwD last night with bcc to endorsers. 

Online version is reflecting those who signed thereafter : 


Today at 5 pm, the DEPwD has called a few people to discuss the compliance work to be done - some members from the disability sector have been invited. This seems to have happened after our Call to Action (CTA).

Representatives of the sector must be held to the same levels of transparency and openness to ensure this process remains as democratic as possible while the 3 month deadline is met collaboratively. Prompt detailed minutes of meetings and the use of technology to bridge participation gaps is the basic minimum.

Accessibility as default needs to happen with minimal oversight and without having to resort to court as far as possible. Let's make it happen!

P.S. Forgot to add 4 wishlisty things under what's required - (some of the things to do were actually not appropriate for the representation but served more as a nudge for all to reflect and factor in)

1) Accessible CAPTCHA solution to be prepared by NIC with code as FOSS and shared via Open Forge so it can be used by govt / private sector alike 

2) Rental lease model templates not specifically mentioned in the procurement templates. (Only SBI seems to include accessibility parameters  amongst banks). Dipstick survey done by Tulir CPHSA showed majority of child protection services were on first floor of buildings without lifts.

3) going by TN Govt's affidavit in @⁨Anand Lingaswamy⁩  PIL, there will be a massive requirement for lifts to retrofit foot over bridges, registrar offices etc. that will have  implications on manufacturing capacity. (Additionally accessibility features need to be incorporated at the manufacturing level for elevators and escalators by default, as they are used only in common, publicly used spaces. There is a disturbing trend towards touch screen only lifts in corporate offices.)

4) Transport vehicles and systems have had a holiday so far. Internationally the UNECE R107 is being improved upon for buses, here with PM EBus Sewa and the abomination that is the high floor electric bus, we are going backwards. Railway coaches have not been adapted for platform gap, and even short haul aircrafts procured need to include aisle seat movable arm rests and cabinet for aisle chair. Why the DEPwD has not been successful in getting MORTH to notify its substandard speaks volumes of the manufacturers lobby's influence.


---------- Forwarded message ---------
From: WE the People - with disabilities - of India <wethedisabled...@gmail.com>
Date: Mon, 18 Nov, 2024, 23:15
Subject: Compliance with judgement of Supreme Court in Rajive Raturi v. Union of India (2024 INSC 858)
To: <secretar...@nic.in>


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

ENDORSED BY
(as on 18 Nov 2024, 23:00)

  • Nipun Malhotra, Disability Rights Activist

  • Sathish Kumar R, Disability Rights Alliance 

  • Sudha Ramamoorthy , A person with disability and an activist

  • Kalpana , 

  • Akhil Paul , Sense India 

  • Bhavna , 

  • Rajasekharan Pazhaniappan, DRA and v-shesh (Views and endorsement on Personal Capacity)

  • Meenakshi Balasubramanian, Disability Rights Alliance

  • Syamala Gidugu , AADI

  • Dr Lalithkumar Natarajan , 

  • Uma, Parent

  • Karthik chandrasekar , 

  • Narasimha Rao , 

  • PRASHANT NAIK, 

  • Prof T M N Deepak, December 3 Movement

  • Richa Bhutani , 

  • Anand Santhanagopalan , Person with Locomotor Disability 

  • George Sebastian , Enable India 

  • Kondapalli vishnu vardhan, 

  • Dr. Shweta Verma , Ginny's Planet 

  • Snigdha Sarkar, 

  • Muskan, 

  • Seema Baquer, Independent Cross Disability Professional

  • Suvarna Raj , 

  • Mamta Kumari, Students

  • Deepa Sonpal, independent development researcher

  • Biju Mathew , Sense International India 

  • Rama krishnamachari , DEOC 

  • Jomi John Joseph, All Kerala Wheel Chair Rights Federation (AKWRF)

  • Muralidharan, National Platform for the Rights of the Disabled

  • Tanmay Srivastava, Campus law centre Faculty of law University of delhi

  • Vidhya Ramasubban, 

  • Kuhu Das, Disability Rights Activists

  • L Muruganantham, 

  • Mohd Faisal Nawaz, Scoliosis India

  • Md Dastagir Fasihuddin , 

  • Rajib Das, A PWD law student

  • Aiswarya Rajyalaxmi, Disability Rights Alliance

  • Poonam Natarajan , Vidya Sagar/ Disability Rights Alliance 

  • Abdul Nazeer, 

  • Basweshwar Paike , 

  • Anu Naidu, Vidya Sagar

  • BHARGAV SUNDARAM, Wheelchair Trust of India

  • P. N. Andhare, Wheelchair bound accessibility activist

  • Patrick , 

  • Srilatha Juvva, 

  • Shampa Sengupta , Sruti Disability Rights Centre 

  • Priya Varadan , 

  • V. Dhanalakshmi , As a group of persons with disabilities

  • Dr Satendra Singh , University College of Medical Sciences, Delhi

  • Shilpaa Anand, BITS-Pilani Hyderabad Campus

  • Dr shanti auluck, Chairperson, muskaan-paepid

  • Vivek Malik , PGIMS ROHTAK 

  • Shobana, Personal Assistant to PwD

  • Om rathod, 1st year mbbs student at gmc nagpur Maharashtra 

  • Sowmya Kuduvalli , Hope The Early Intervention Centre 

  • Dashami, Rehabilitation Council of India 

  • Sadiya Saleh, 

  • Dr Desh Raj, 

  • Manjit Kumar ram, Research scholar

  • Dr Navneet Wadhwa, 

  • Adv. Trupti Udeshi, 

  • M. Srinivasulu ,  Network of persons with disabled organisation NPdO 

  • Varun bharadwaj , 

  • Mathew Cherian, Helpage

  • Lakshman , 

  • Banibrata Mahanta , Banaras Hindu University 

  • Lakshmi Balasubramanian , 

  • Dr. Parul Gupta , Assistant Professor 

  • Dr K Raghuraman , Assistant Professor 

  • Neera Chawla , Professional 

  • Rakesh Capoor , Muskaan-Paepid

  • Pavan Muntha, DPO.

  • Anne Apaiah, 

  • Shubhangi Vaidya, 

  • Karuna Rajeev, Lady Shri Ram College for Women, University of Delhi

  • Dr. Vijay Kishor Tiwari , The West Bengal National University of Juridical Sciences 

  • B. Venkatesh , CBR Global Network 

  • Shrutilata Singh, Sense India

  • Sujatha Sriram, 

  • Rahul Pandey , Medical 

  • Lakshmi Narasimhan , Self employed 

  • Mangal hazra, Individual

  • Gopinath Bellave , ADD India 

  • Dr Suresh Hanagavadi, Karnataka Hemophilia Society, Davangere

  • Merry Barua, Action For Autism 

  • Tarini Mohan , 9.9 Education 

  • GANESH VINAYAK DHUMATKAR , 

  • Radha Ramesh, Parent special educator 

  • Mrinalini sinha, 

  • Kaushal Kumar, I-PAC 

  • Smitha Sadasivan , Disability Rights Alliance Tamilnadu 

  • Rajul Padmanabhan, Vidya Sagar

  • V S Anjana, VIDYA SAGAR

  • Dr Nitesh Kumar Tripathi , 

  • CHITHRA G, MSSI Chennai chapter

  • Tulika Singh, 

  • Seema Chadha , A parent of daughter with multiple Disabilities

  • Madhumita Biswal, Sambalpur University

  • Uttam Kumar, 

  • Prashant Bhatnagar, All for safe respect for disabled 

  • Vaishnavi Jayakumar, Member, Disability Rights Alliance

  • Nilika Mehrotra, JNU

  • Samyuktha, Vidya sagar

  • Parag Namdeo, Sense International India

  • Sandeep Paul, Justice & Hope

  • Dr Rajesh Desai, 

  • Syed Hyder Ali, A PwD

  • Rajiv Rajan , Ektha 

  • SHANKAR GANESH, MSSI CHENNAI CHAPTER

  • Dr ADITYA SANJAY LOHIYA , DOCTOR WITH BENCHMARK DISABILITY 

  • Prema r, 

  • Subhash Chandra Vashishth, CABE Foundation

  • Danish Mahajan, Radio Udaan

  • Dinesh Kumar, Prerna Niketan Sangh ... and counting

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