Supreme Court: In a writ petition to make public buildings accessible for persons with disabilities, the three Judge Bench of Dr. DY Chandrachud, CJ., J.B. Pardiwala and Manoj Misra, JJ. directed the Department of Empowerment of Persons with Disabilities in the Union Ministry of Social Justice and Empowerment to reimburse the Centre for Disability Studies (CDS) at NALSAR University of Law for all the expenses incurred in preparing the report on the steps required to be taken to make all the State and Central Government buildings, airports, railway stations, public transport carriers, Government websites, public documents disabled friendly.
Background
In Rajive Raturi v. Union of India, (2018) 2 SCC 413, the Court vide Judgment dated 15-12-2017, directed the States as well as the Union Territories to file plans for accessibility for disabled persons in all infrastructures, transportation systems, and information and communication services.
However, noting the poor progress in the said matter, the Court passed several orders concerning on the slow progress of the Union, States and Union Territories in implementing the provisions of Sections 44 and 45 of the Rights of Persons with Disabilities Act, 2016 and the directions of the Court. In Rajive Raturi (supra), vide Order dated 29-11-2023, the Court directed the CDS, NALSAR University of Law to submit a report on the steps required to be taken in accordance with the guidelines laid down on 15-12-2017 and the Accessible India Campaign to, inter alia, make all State and Central Government buildings, airports, railway stations, public transport carriers, all Government websites, all public documents and the ICT ecosystem fully accessible to persons with disabilities.
Order
The Court noted that the Head of the CDS at NALSAR University of Law, indicated that since the resources of NALSAR may not match the task to be undertaken, the expenses incurred by CDS in submitting the report should be reimbursed by the Department of Empowerment of Persons with Disabilities in the Union Ministry of Social Justice and Empowerment.
Therefore, the Court directed that the expenses incurred by the CDS of NALSAR University of Law shall be borne by the Department of Empowerment of Persons with Disabilities in the Union Ministry of Social Justice and Empowerment. The Court also directed that all the reimbursements should be made within a fortnight of the submission of invoices by the CDS.
[Rajive Raturi v. Union of India, 2024 SCC OnLine SC 45, Order dated: 12-01-2024]
