TeaHe in the Supreme Court, Rajvi Raturi vs India Union ,
The court argued that the rule was drafted in a discretionary voice, while the same provisions (sections 40, 44, 45, 46, 89) imposed an essential responsibility for the government. This was important because Rule 15 was a statutory provision under which access guidelines of the concerned departments and ministries were informed. Prominent examples include guidelines to create obstruction-free environment in the Ministry of Housing and Urban Affairs, Bus Body Code of Road Transport and Highways, and other access standards set up by the Ministries of Sports, Culture and Information and Broadcasting.
The court noticed that these guidelines allowed conscience to ministers and departments, which is opposed to the compulsory language of the Act. In addition, striking Rule 15 also meant that the notified access guidelines under the rule lost their legal authority. As a result, the court gave the government three months to develop minimum compulsory access requirements to control all sectors.
The decision is a clear reminder of how access guidelines have been created in the silos without identifying authentic principles that will ensure universality and objection to those guidelines. Thus, when preparing the new guidelines, the access rules require a change towards a theory-based structure.
Access consideration
The court considered the difference between access and proper housing in detail. Both accessibility and proper housing are generated within the principles of basic equality of the constitution. The accessibility is now accepted as a right in the United Nations Conference on the rights of persons with disabilities. In contrast, proper housing is a narrator of original equality where specific challenges are dealt with in a specific context. Therefore, both concepts should be understood as interdependent and supplements for each other, where accessibility from the beginning manufactures Edifice through standardized access standards, while proper housing ensures a tail solution for individuals that can still face furious in a specific context.
The idea of access is not stable, and the ideological figure and related equipment have developed regularly. For example, with the arrival of Artificial Intelligence and Internet of Things and their incorporation in social interactions, an understanding of digital accessibility has developed simultaneously. This makes it necessary to modify nature, range and type of digitally accessible equipment that can ensure wide inclusion.
Shifting threshold also needs to be understood in terms of phased achievement of access. In court Rajvi Raturi It was observed that the existing guidelines have been designed in a way that establishes long -term goals without reaching the minimum standards requiring immediate implementation. Therefore, the minimum access range will be envisaged on a sliding scale, in which the base line proceeds at periodic intervals. Canada has developed a comprehensive road map to achieve full access by 2040, focusing on the harmony of standards across the country through two functioning sections, with periodic reviews every five years to adapt to changing needs.
The RPWD Act widely defines obstacles, in which abstract obstacles such as attudinal obstacles are recognized in addition to tangible obstacles such as infrastructure. This has been amended how to see and understood the access within physical and digital ecosystems. Thus, it is necessary to develop access parameters in theory and practice to remove tangible and abstract obstacles. For example, the developed understanding of disability is an aspect that indicates the approach of the society and therefore, directly related to the Attudinal Barrier. Thus, accessibility should also be aligned to be really inclusive with this development of disability understanding.
The understanding of universal design has also developed over time. It is not only limited to persons with disabilities, but it also includes every weak community, such as women, children and elderly. This reflects a silent recognition of universality of disability, which is not identified as a person’s disability to perform, but is the structure of the environment in which one is operated. Disability can arise from a high cognitive charge, which can lead to inability to focus and control emotions, temporarily broken organs, unavailability of ramps for pregnant mother, age -related complications, etc., thus should be applied in rules groups, not providing access to general meanings and not infinite for individuals with disability.
Compliance with social audit
Section 48 of the RPWD Act inspires the central and state governments to regularly perform social audit of all general schemes and programs to ensure that they adversely affect the needs and concerns of persons with disabilities. Social audit plays an important role in developing and strengthening the accountability of the government and service providers. For example, regular social audit services of schemes providing assistance technology to disabled persons can assess obstacles in the distribution of services, identify individuals’ changing needs, and provide better equipment.
However, due to lack of standardized guidelines under RPWD rules, there is no clarity on the scope and functioning of social audit. This can lead to discrepancies between the Center and the states, lack of awareness and insufficient training for auditors. Therefore, the clear guidelines and operations of large -scale social audit will help identify the changing nature of challenges related to disability and will help to intervene targeting to increase service distribution through related plans and programs.
Rules have to be understood
The earlier access rules in departments and ministries were suffering from bureaucracy complexity about their mandate. Many technical and often contradictory access mandals were from several ministries who confused compliant institutions. For example, a sports complex has several guidelines for urban cases and access from housing, sports, transport and other Ministry. This not only led to failure to provide objective parameters, but also increased compliance costs for such installations. During the proceedings under the prevention mechanism, complex and overlapping guidelines also delayed relief sought by persons with disabilities.
The new accessibility rules should be direct, understandable and practical to ensure effective implementation. In the jurisdiction of the Department/Ministry, the ambiguity which affects the earlier rules, should also be addressed on a nodal authority, ideally, sector regulators, and in its absence, the Social Justice and the Empowerment Ministry should decide on the rules.
The deadline for issuing new access guidelines is February, subject to expansion. Thus, for diverse fields, both private and public, both private and public, is a requirement to discuss minimum rules of access, financial services such as financial, technical, transport. It is not only warrant by the Legislative Plants of the RPWD Act, but is also a market incentive to tap on a large population basis by providing accessible products and services.
Shashank Pandey, lawyer and founder of politics and disability forum; Nayan Chandra Mishra, Dr. Law students at Ram Manohar Lohia National Law University, Lucknow
Published – January 10, 2025 12:58 am IST