Non-availability of infrastructure for disabled violative of Article 21: Delhi High Court orders social audit

The non-availability of enabling infrastructure for persons with disabilities, glaring and apparent throughout the city, is violative of Article 21 of the Constitution, the Delhi High Court has held [Jyoti Singh v. Nand Kishore & Ors]..The Court ordered for a social disability audit to assess the situation in the national capital..Justice Najmi Waziri, acting on a plea filed by a disabled school girl, observed, “Freedom of movement has to be honoured and assured in every way possible, it cannot be restrained by lack of civic amenities.”.The petitioner, who was wheelchair-bound, claimed that she could not use footpaths, narrow streets and public transport facilities, be it the bus or the metro, owing to the lack of requisite infrastructure.Though a wheelchair was given to the girl by an insurance company, she was neither able to use it optimally nor she could access public transport or for that matter wheel herself out of her house onto the footpath. To demonstrate her ordeal, the petitioner submitted photos that were recorded in the order..The situation prompted the High Court to direct that an officer of a rank not below Director should be appointed by the Chief Secretary for enabling such persons with the requisite facilities, in terms of the Rights of Persons with Disabilities Act, 2016.The appointed officer was thus ordered to be appointed in a week from the receipt of the High Court order, passed on December 16 this year. The officer was directed to ensure that the audit is carried out preferably within six weeks..“It will be open to the GNCTD to take the assistance of the School of Planning and Architecture, New Delhi (SPA). All agencies in Delhi, who provide facilities to the public, including road maintaining authorities, DTC, DMRC, Railways, airports authority, etc., shall assist and coordinate with the said designated officer so that the objectives of said statute are met at the earliest possible,” it noted.The Court observed that all agencies should endeavour to respect the “dignity and individual autonomy” of persons with disabilities..“Each agency including north Delhi municipal corporation, public works department, DISCOM, Delhi police, Delhi traffic police, Delhi transport corporation, Delhi metro rail corporation, New Delhi municipal council as well as such other agencies, shall appoint a senior officer not below the rank of the executive engineer to assist and coordinate with the nodal officer appointed by the GNCTD, for provision of due facilities to persons with disabilities,” the Court stated.The Court hoped that in three months, streets not less than two kilometres each in the South, East, North, West and Central regions of the city will be identified and readied in terms of the social disability audit, and as may be advised by the School of Planning and Architecture..Advocates Saurabh Kansal and Manish Kumar represented the petitioner. Advocates Gautam Narayan, Nitika Pancholi, Ajjay Aroraa, Kapil Dutta, Rikky Gupta, Deepesh, AK Soni and Tarun Johri appeared for the respondents..[Read Order]

Non-availability of infrastructure for disabled violative of Article 21: Delhi High Court orders social audit

Bar & Bench

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