Supreme Court Judgment Sets New Benchmarks for Accessibility in IndIa

In a landmark decision that promises to reshape India's accessibility landscape, the Supreme Court of India delivered a groundbreaking judgment on 8th November 2024. As a member of the team that contributed to the foundational report behind this judgment, I am pleased to share this significant development in India's journey towards inclusive accessibility.

The Journey to Change

The Centre for Disability Studies (CDS) at NALSAR University of Law was earlier tasked by the Supreme Court to prepare a comprehensive report on accessibility status across India. Under the leadership of Professor Amita Dhanda, our team worked extensively with Disabled Persons' Organisations (DPOs), NGOs, and disabled persons throughout India to create a report that truly reflected ground realities and stakeholder needs.

Key Aspects of the Supreme Court Order

The judgment, authored by Chief Justice DY Chandrachud, has established several crucial principles:

Mandatory Compliance: The Court found that Rule 15 of the Rights of Persons With Disabilities Rules, 2017 was ultra vires (beyond legal authority) as it only provided voluntary guidelines instead of mandatory standards. The government has been directed to frame binding rules within three months.

Two-Pronged Approach to Accessibility:

1. Ensuring accessibility in existing infrastructure through retrofitting

2. Transforming new infrastructure and future initiatives to be accessible from the outset

Core Principles for Implementation:

• Universal Design: Emphasising spaces and services that are usable by everyone

• Comprehensive Inclusion: Covering physical, sensory, intellectual, and psychosocial disabilities

• Assistive Technology Integration: Mandating adaptive technologies across public and private platforms

• Continuous Stakeholder Consultation: Ensuring ongoing involvement of persons with disabilities

Expected Impact

This judgment is set to have far-reaching implications for accessibility in India:

• Infrastructure Development: All new public buildings and spaces must comply with mandatory accessibility standards

• Service Delivery: Public services will need to be redesigned for universal access

• Digital Accessibility: Stronger emphasis on making digital platforms and information accessible

• Enforcement: Clear consequences for non-compliance, including withholding completion certificates and imposing fines

The Path Forward

The Supreme Court has scheduled the next hearing for 7th March 2025 to review compliance. This gives the Union Government three months to develop mandatory rules in consultation with stakeholders and CDS-NALSAR.

I am grateful to Dr Amita Dhanda for inviting me to be part of the team that worked on this report. The real achievement belongs to the numerous DPOs, NGOs, and individuals from the disability sector who shared their valuable insights and experiences, making this truly a collective effort that helped shape this historic judgment.

This judgment marks not just a legal victory, but a significant step towards making India truly accessible for all its citizens. It recognises that accessibility is not merely a standalone right but a fundamental prerequisite for persons with disabilities to meaningfully exercise all other rights.