Accessibility a Fundamental Right for Disabled Persons

On 8th November 2024, the Supreme Court emphasized that the right of persons with disabilities (PwDs) to access environments, services, and opportunities is a fundamental human right that remains largely unfulfilled in India.

Accessibility, the court ruled, is integral to life equality, freedom, and human dignity.

Key Points

Observations on Social Inclusion: Chief Justice of India stated that disability becomes a "tragedy" only when society fails to provide essential resources and spaces for PWDs.
Uneven Accessibility across Regions: The judgment noted disparities in infrastructure, such as Delhi’s 3,775 accessible buses compared to Tamil Nadu’s 1,917, and criticized older facilities like the Bombay Art Gallery for lacking basic accessibility features, even as new facilities like Mumbai's Andheri Metro Station meet standards.
Mandate for Improved Accessibility Standards: The court found that current accessibility standards under the Rights of Persons with Disabilities Rules are non-mandatory, resulting in poor compliance.
It ordered the government to introduce mandatory standards within three months and urged adopting the "social model of disability," which emphasizes eliminating societal barriers over “fixing” individuals.
Universal Design and Inclusion from Inception: The Supreme Court advocated "universal design" for all public and private spaces, integrating accessibility from the initial design stage of any product, service, or infrastructure rather than as an afterthought.
This proactive approach, would streamline efforts toward inclusion, ensuring that accessibility benefits everyone, regardless of ability, age, or status.