Plea in Bombay HC against non-implementation of Disability Laws [Read Petition]

The Bombay High Court Bench of Justices NH Patil and GS Kulkarni on Tuesday issued notice in a PIL filed over the failure to implement the Rights of Persons with Disabilities Act, 2016 (2016 Disabilities Act) and other allied laws in Maharashtra..The petition filed by columnist, Nisha Jamwal and Advocate Abha Singh highlights that various Government and private establishments open to the public, still do not have wheelchair-friendly ramps or wheelchair accessible toilets..In particular, reference has been made to fifteen such establishments which the petitioners have documented for their inaccessibility to differently-abled persons..This situation prevails in contravention of the State’s obligations under the 2016 Disabilities Act, the United Nations Convention on Rights of Persons with Disabilities, the Development Control Regulations for Greater Bombay, 1991 and orders passed by the Supreme Court..Furthermore, as noted in the petition, this scenario is also against the spirit of Article 41 of the Constitution, which requires the State to work towards securing work, education and public assistance for the differently-abled..As noted in the petition, the Supreme Court has time and again issued directions for time-bound compliance with laws for the differently-abled to little result. In Justice Sunanda Bhandure Foundation v Union of India, the Court had ordered that the erstwhile Persons with Disabilities Act, 1995 be implemented by 2014 but to no avail. Instructions for the implementation of the 2016 Act were also passed by the apex Court in 2017 and 2018..In Maharashtra’s case, a revised version of Rule 41 of the Development Control Regulations for Greater Bombay, 1991 contains comprehensive provisions, requiring that even parking spaces, hallways and lifts be made appropriately accessible for the differently-abled..In this background, the petitioners have queried as to why the noted establishments have been given completion certificates and allowed to continue functioning, despite being inaccessible to differently abled persons..To address the issue, the petitioners have made the following prayers:.Issue specific guidelines for the accessibility and convenience of differently-abled persons until the 2016 Disabilities Act is implementedDirect all establishments in Maharashtra to have wheelchair-friendly ramps and toilets within three months from the date of disposal of the petitionDirections to make public transport more easily accessible for persons suffering from disability in movementDirect the State of Maharashtra to file a compliance report before the Supreme Court regarding the implementation of disability lawsImpose penalties on those establishments failing to comply with the High Court and Supreme Court directions on the issueDirect the State of Maharashtra to file status reports as regards steps taken for the accessibility of persons with disabilitiesDirect the State of Maharashtra to reserve a fund for the benefit of the differently-abledDirect that the State government introduce wheelchairs and mobility scooters in public spacesDirect that a 24-hour emergency helpline be introduced for the benefit of the differently-abledDirect the State Disabilities Commissioner to monitor the State government’s use of funds earmarked for the benefit of persons with disabilities.Direct the State of Maharashtra not to permit new construction of any government establishment which is not compliant with the noted disability laws. All existing establishments should also be directed to comply with these lawsGovernment employees should be trained to handle the needs of the differently-abledAppoint a Board to monitor strict adherence of the issued directions.The matter will be taken up next in three weeks..Read the petition: