4.13. Landmark Judgments in India on Accessibility

Supreme Court mandated that all government buildings must be made accessible in a time-bound manner. Highlighted failure of compliance and instructed ministries to adopt Harmonised Guidelines.

In the case of Rajive Raturi vs Union of India, the Supreme Court recognized the critical need for accessibility in public infrastructure. The court ordered that all government buildings be made accessible within a specified timeframe, emphasizing accountability among government ministries. This case is significant as it not only focused on the legal aspects but also highlighted the failures of compliance with existing accessibility standards. The instructions for ministries to adopt Harmonised Guidelines pointed to the need for a structured approach to accessibility, enforcing a practical timeline for implementation.

Imagine if a new highway were built, but there were no entry ramps for people in wheelchairs at the rest stops. Rajive Raturi’s case is like a court saying, 'We need to fix this!' and telling the builders to ensure every stop has ramps ready before the highway opens. It’s about making sure everyone can use these public spaces comfortably and safely.

Supreme Court recognized the right of PwDs to reasonable accommodation, including use of a scribe during competitive exams.

In Vikash Kumar vs UPSC, the Supreme Court ruled in favor of providing reasonable accommodations for persons with disabilities (PwDs) during competitive examinations. This included allowing candidates to use a scribe, ensuring that PwDs have equal opportunities to participate in these exams. The ruling underscored the principle that accessibility is not just physical—it also encompasses necessary support to level the playing field in competitive environments.

Think about taking a big exam where everyone has a computer to write their answers, but you can’t use one because of your disability. The Supreme Court said it’s like providing a buddy to help you type your answers if that’s what you need, just like sharing notes with a friend to make sure everyone can do well in school.

Enforced accessible design standards in airports including boarding ramps, accessible washrooms, and counters.

The case of Disabled Rights Group vs Ministry of Civil Aviation was pivotal in establishing accessible design standards for airports. The Supreme Court mandated that airports should be designed to include facilities such as boarding ramps, accessible washrooms, and counters that cater specifically to the needs of PwDs. This judgment was significant in transforming how public transport infrastructure should be equipped to be inclusive, thereby promoting the rights of individuals with disabilities.

Imagine going to an airport where all the counters are too high for a person in a wheelchair. This case is like the court saying, 'Let’s make sure every counter is easy to reach and has ramps for everyone.' It’s about creating an airport where all travelers feel welcomed and accommodated.

Airlines penalized for forcibly deboarding a disabled passenger. Reaffirmed the dignity and rights of PwDs in private services.

In the Jeeja Ghosh vs SpiceJet case, the Supreme Court held the airline accountable for forcibly deboarding a disabled passenger, reinforcing the rights of PwDs to travel without discrimination. This judgment was a landmark effort to uphold the dignity of persons with disabilities, ensuring that private service providers, like airlines, also adhere to accessibility norms and treat PwDs with respect and dignity.

Picture planning a family vacation and having your ticket booked, only to be told you're not allowed on the plane because of your disability. In this case, the court ensured that no one can kick a person off just because they have a disability—it's about treating everyone fairly, just like how we should treat our friends, no matter their abilities.

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