Supreme Court Judgment on Rights of Persons with Disabilities Act (2016)

Syllabus: Prelims Unit IV - Indian Polity

Key Findings in Rajive Raturi Case (2024)

• The Supreme Court declared Rule 15 of RPwD Rules 2017 unconstitutional due to its discretionary nature, which conflicted with mandatory provisions in Sections 40, 44, 45, 46, and 89 of the RPwD Act.
• Accessibility guidelines under various ministries lost statutory authority following the invalidation of Rule 15.
• The Court mandated the development of new minimum mandatory accessibility requirements within three months.

Understanding Accessibility and Accommodation

• Accessibility and reasonable accommodation stem from the constitutional principles of substantive equality.
• Accessibility is recognized as a fundamental right under the UN Convention on the Rights of Persons with Disabilities.
• Reasonable accommodation offers specific solutions to address individual accessibility challenges.
• Both concepts complement each other: accessibility sets standards, while accommodation provides tailored solutions.

Evolution of Accessibility Concept

• Accessibility requires regular updates to keep pace with technological advancements.
• Digital accessibility needs are evolving with the integration of AI and IoT.
• The RPwD Act recognizes both tangible (infrastructure) and intangible (attitudinal) barriers.
• The universal design principle goes beyond disability to include vulnerable groups like women, children, and the elderly.

Implementation Framework

• A principle-based framework is needed to replace the current siloed approach.
• A minimum accessibility threshold should operate on a sliding scale with periodic updates.
• The Canadian model, which sets a 2040 target with five-year review intervals, serves as a potential benchmark.
• Guidelines must be clear, practical, and free from bureaucratic complexity.

Social Audit Requirements

• Section 48 mandates regular social audits by Central and State governments.
• These audits help assess the effectiveness of schemes and identify service delivery bottlenecks.
• The lack of standardized guidelines currently affects consistency and awareness.
• A clear methodology and trained auditors are essential for ensuring effective social audits.