Constitution of India – Article 21 –Right to dignity and the right to a meaningful life under Article 21 necessitate conditions that enable PWDs to enjoy the same freedoms and choices as others. Thus, the right to accessibility is foundational, enabling PWDs to exercise and benefit from other rights enshrined in Part III of the Constitution- Rights of Persons with Disabilities Act 2016 – a. Accessibility is not a standalone right; it is a prerequisite for PWDs to exercise other rights meaningfully; and b. Accessibility requires a two-pronged approach. One focuses on ensuring accessibility in existing institutions/activities often through retrofitting and the other focuses on transforming new infrastructure and future initiatives. (Para 27-43)
Right of Persons with Disabilities Rules, 2017 – Rule 15 -Several of the guidelines prescribed in Rule 15, appear to be recommendatory guidelines, under the garb of mandatory rules. Rule 15(1) is thus ultra vires the scheme and legislative intent of the RPWD Act which creates a mechanism for mandatory compliance. Creating a minimum floor of accessibility cannot be left to the altar of “progressive realization”. The Union Government is, accordingly, directed to delineate mandatory rules, as required by Section 40, within a period of three months from the date of this Judgment. This exercise may involve segregating the non-negotiable rules from the expansive guidelines already prescribed in Rule 15. The Union Government must conduct this exercise in consultation with all stakeholders, and NALSAR- CDS is directed to be involved in the process. It is clarified that progressive compliance with the standards listed in the existing Rule 15(1) and the progress towards the targets of the Accessible India Campaign must continue unabated. However, in addition, a baseline of non-negotiable rules must be prescribed in Rule 15- . Once these mandatory rules are prescribed, the Union of India, States and Union Territories are directed to ensure that the consequences prescribed in Sections 44, 45, 46 and 89 of the RPWD Act, including the holding back of completion certificates and imposition of fines are implemented in cases of non- compliance with Rule 15. (Para 75-78)