DEPwD meeting rescheduled for 28 Nov 4:30 pm Fwd: Meeting with stakeholders on the basis of the Judgment of Hon'ble Supreme Court in WP(Civil) 243/2005-Reg.
Vaishnavi Jayakumar
From: AIC SIPDA Section <aic-...@gov.in>
Date: Wed, 27 Nov, 2024, 17:35
Subject: Fwd: Meeting with stakeholders on the basis of the Judgment of Hon'ble Supreme Court in WP(Civil) 243/2005-Reg.
To: as narayanan <as_nar...@hotmail.com>, <ssi...@ucms.ac.in>, sruti m <sru...@hotmail.com>, <ni...@nipunmalhotra.com>, <drjsar...@gmail.com>, <believeinthe...@gmail.com>, <amita...@nalsar.ac.in>, <v...@nalsar.ac.in>, merry barua <merry...@gmail.com>, <in...@senseintindia.org>, <panka...@gmail.com>, <sant...@cure.org.in>, <wethedisabled...@gmail.com>, jayakumar vaishnavi <jayakumar...@gmail.com>, <deoc...@gmail.com>, <in...@narayanseva.org>, <advsar...@gmail.com>, <ak...@senseintindia.org>, Praveen Prakash Ambashta <ambas...@nic.in>, <muruge...@gmail.com>
Cc: MANMEETNANDA IAS <manmee...@ias.nic.in>, Pradeep A <pradeep....@gov.in>, RamCharanmeena SO <rcmee...@gov.in>
Department of Empowerment of Persons with Disabilities (Divyangjan)
Ministry of Social Justice and Empowerment
Government of India
To: "sanjay jain" <sanja...@nls.ac.in>
Cc: "RamCharanmeena SO" <rcmee...@gov.in>, "Sahil Lohra" <lohra...@gov.in>, "AIC SIPDA Section" <aic-...@gov.in>, "Rajesh Yadav, JS-DEPwD" <jsda...@nic.in>
Sent: Monday, November 25, 2024 1:52:33 PM
Subject: Meeting with stakeholders on the basis of the Judgment of Hon'ble Supreme Court in WP(Civil) 243/2005-Reg.
Sir,
Accessibility rights for persons with disabilities is the subject matter of Rajive Raturi Vs. UOI WP (Civil) 243/2005. In a judgement dated November 08, 2024, the Hon'ble Supreme Court entrusted the Department for Empowerment of Persons with Disabilities (DEPwD) with the responsibility of identifying and clarifying the 'minimum mandatory provisions' under Rule 15 of the Rights of Persons with Disabilities Rules , 2017 under the RPwD Act.
2. The Hon'ble Court looked into the validity of existing sectoral accessibility standards and guidelines issued in pursuance to Section 40 of RPwD Act, 2016 read with Rule 15 till date. The same was also examined in context to a NALSAR report , based on a study entrusted by the Court, on the steps taken so far by all State and Central Government departments with respect to government buildings, public spaces like airports, railway stations, public transport services, Government websites, etc, across all 21 disabilities , geographies and sectors.
3. The Hon'ble Court concluded that several of the guidelines prescribed under Rule 15 so far, appear to be only advisory in nature . The Court held Rule 15 (1), which incorporates all these guidelines, as ultra vires .
4. The Union Government has now been directed further inter alia to: “76. …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, 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 towards the targets of the Accessibility India Campaign must continue unabated. However, in addition, a baseline of non-negotiable rules must be prescribed in Rule 15. 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 non-compliance with Rule 15."
5. It is in this context that a consultation meeting is required to be held urgently. Copies of the Judgment of the Hon’ble Supreme court and that of the report of Centre for Disabilities Studies-NALSAR -“Finding sizes for All” are enclosed. The existing accessibility standards notified by this Department may be seen using the web link: https://depwd.gov.in/acts/.
6. The proposed meeting/consultation with the stake holders shall be held, through VC, by Ms Manmeet Kaur Nanda, IAS, Joint Secretary, D/o Empowerment of Persons with Disabilities, Government of India, New Delhi.
7. You are kindly requested to attend or depute someone on your behalf to attend the said meeting at 4.30 PM on 27.11.2024 through VC(Link given below) and share your valuable inputs on the basis of the judgment of the Hon'ble Supreme Court to enable this Department to make suitable changes in the Rule 15 as per the directions of the Hon'ble Court.
Thanking you,
Regards,
Pradeep A,
Director, DEPwD, Government of India,
Antyodaya Bhawan, CGO Complex, New Delhi.
For any queries regarding the meeting, pl contact AIC Section, DEPwD(Email:aic-...@gov.in) or Shri Ram Charan Meena, Under Secretary (Email:rcmee...@gov.in, Mob.No.9810648655) or Shri Sahil Lohra, Section Officer (Email: lohra...@gov.in Mob.No.9899542268).
VC LINK FOR THE MEETING
Title: Meeting regarding panel discussion on Rajiv Raturi case
Start time: 27 November 2024 04:30 PM Asia/Kolkata
URL: https://bharatvc.nic.in/join/3493618109
Conference ID: 3493618109
Password: 371997
Passive Link
Title: Meeting regarding panel discussion on Rajiv Raturi case
Start time: 27 November 2024 04:30 PM Asia/Kolkata
URL: https://bharatvc.nic.in/viewer/4923585154
Conference ID: 3493618109
Password: 131941
Note: The Active users is limited to 40 by BharatVC team, It is to share the passive link to the Users who will be inactive.
These participants can be made active at the time of meeting by moderator when required to interact.
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Vaishnavi Jayakumar
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