# RAJIVE RATURI v. UNION OF INDIA AND ORS

- **Citation:** [2017] 12 S.C.R. 827
- **Court:** Supreme Court of India
- **Decided:** 2017-12-15
- **Bench:** A. K. Sikri, Ashok Bhushan
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/rajive-raturi-v-union-of-india-and-ors-31760
- **Pages:** 86

## Headnote

Rights of Persons with Disabilities Act, 2016 -
Visual~v
disabled person - Proper and adequate access to public places -
Writ petition by a visually disabled perso11, seeking safe accessibility
to roads and transport facilities - Enumeration of ten action points
by the petitioner for providing proper access to public facilities to
such perso11s - Held: Right of the disabled persons flows from the
Constitution as also are statutorily recognised - Having regard
thereto, no denial of the fact that visually impaired persons need to
A
B
c
be provided proper and safe access to roads and transport as well
D
as to buildi11gs, public places etc. - Without these facilities, moveme11t
of such perso11s gets impaired and can be treated as infringement
of their fundamental rights 11/Art. 19(l)(c), guaranteed to each and
every citizen of this country - Therefore, the prayers niade not
adversarial in nature - Ten action points enumerated by the
petitioner, are now statutorily recognised under the Disabilities Act,
2016 - It becomes a statutory obligation on the part of the Central
Government as well as the State Governments to do the needful by
the target dates - Union of India has been filing status reports from
time to time in the form of affidavits by bringing on record the various
measures taken by the Govemment to make the lives of such disabled
persons as comfortable as possible - Though, Central Government
has taken va/'ious measures, many State Governments have not
respo11ded at all - In view thereof, issuance of important directions
and deadlines set to make public places accessible to visually
disabled- Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995 - Constitution of India
- Arts. 32, 19(1)(c).
Rights of visually impaired persons - At international level
and national level - Discussed.
827
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SUPREME COURT REPORTS
(2017) 12 S.C.R.
Disposing of the petition, the Court
HELD: 1.1 The right of the disabled persons not only flows
from various international covenants to which India is a signatory,
it is recognised as Constitutional right as well. There cannot be
any dispute about the rights of the differently-abled persons,
particularly those who have visual impairment, to provide them
adequate access to all the facilities on the road as well as
convenient access to transport facilities etc. Without these
facilities, movement of such persons gets impaired and this can
even be treated as infringement of their fundamental rights under
Article 19{1){c) of the Constitution, which is guaranteed to each
and every citizen of this country. In order to ensure that this
right is exercised by visually disabled persons as well, it becomes
the duty of the State and public authorities to lay down proper
norms in respect of the built environment and public facilities
i.e. roads, buildings, public places, transport {air, land and water)
carriages etc. It is a well known fact that persons with visually
impaired disability represent far more 'vulnerable section of
society' and 'at-risk cases' vis-a-vis their present surroundings
which also becomes evident from the well known fact that
insurance companies charge a higher premium on insurance
policies extended to the visually disabled as compared to the
other persons. [Para 10) (843-B-E)
1.2 Pursuant to Beijing Declaration, India enacted Persons
with Disabilities {Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995. This Act, in no uncertain terms,
brings out one of the important features thereof, namely, the
creation of a barrier free built environment. The very Preamble
to the Disabilities Act discloses that th.is Act was enacted by the
legislature to fulfill its international obligation to enact a disability
specific law nationally. Sections 44, 45 and 46 provided extremely
specific and unambiguous guidelines for making the built
environment, roads and transport facilities accessible for visually
disa

## Text

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[2017] 12 S.C.R. 827
RAJIVE RATURI
v.
UNION OF INDIA AND ORS.
(Writ Petition (Civil) No. 243 of2005)
DECEMBER 15, 2017
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Rights of Persons with Disabilities Act, 2016 -
Visual~v
disabled person - Proper and adequate access to public places -
Writ petition by a visually disabled perso11, seeking safe accessibility
to roads and transport facilities - Enumeration of ten action points
by the petitioner for providing proper access to public facilities to
such perso11s - Held: Right of the disabled persons flows from the
Constitution as also are statutorily recognised - Having regard
thereto, no denial of the fact that visually impaired persons need to
A
B
c
be provided proper and safe access to roads and transport as well
D
as to buildi11gs, public places etc. - Without these facilities, moveme11t
of such perso11s gets impaired and can be treated as infringement
of their fundamental rights 11/Art. 19(l)(c), guaranteed to each and
every citizen of this country - Therefore, the prayers niade not
adversarial in nature - Ten action points enumerated by the
petitioner, are now statutorily recognised under the Disabilities Act,
2016 - It becomes a statutory obligation on the part of the Central
Government as well as the State Governments to do the needful by
the target dates - Union of India has been filing status reports from
time to time in the form of affidavits by bringing on record the various
measures taken by the Govemment to make the lives of such disabled
persons as comfortable as possible - Though, Central Government
has taken va/'ious measures, many State Governments have not
respo11ded at all - In view thereof, issuance of important directions
and deadlines set to make public places accessible to visually
disabled- Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995 - Constitution of India
- Arts. 32, 19(1)(c).
Rights of visually impaired persons - At international level
and national level - Discussed.
827
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SUPREME COURT REPORTS
(2017) 12 S.C.R.
Disposing of the petition, the Court
HELD: 1.1 The right of the disabled persons not only flows
from various international covenants to which India is a signatory,
it is recognised as Constitutional right as well. There cannot be
any dispute about the rights of the differently-abled persons,
particularly those who have visual impairment, to provide them
adequate access to all the facilities on the road as well as
convenient access to transport facilities etc. Without these
facilities, movement of such persons gets impaired and this can
even be treated as infringement of their fundamental rights under
Article 19{1){c) of the Constitution, which is guaranteed to each
and every citizen of this country. In order to ensure that this
right is exercised by visually disabled persons as well, it becomes
the duty of the State and public authorities to lay down proper
norms in respect of the built environment and public facilities
i.e. roads, buildings, public places, transport {air, land and water)
carriages etc. It is a well known fact that persons with visually
impaired disability represent far more 'vulnerable section of
society' and 'at-risk cases' vis-a-vis their present surroundings
which also becomes evident from the well known fact that
insurance companies charge a higher premium on insurance
policies extended to the visually disabled as compared to the
other persons. [Para 10) (843-B-E)
1.2 Pursuant to Beijing Declaration, India enacted Persons
with Disabilities {Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995. This Act, in no uncertain terms,
brings out one of the important features thereof, namely, the
creation of a barrier free built environment. The very Preamble
to the Disabilities Act discloses that th.is Act was enacted by the
legislature to fulfill its international obligation to enact a disability
specific law nationally. Sections 44, 45 and 46 provided extremely
specific and unambiguous guidelines for making the built
environment, roads and transport facilities accessible for visually
disabled persons. The Rights of Persons with Disabilities Act,
2016 has repealed the earlier Disabilities Act, 1995. This
Disabilities Act, 2016 lays down the provision relating to barrier
free environment. Section 40 mandates the Central Government
RAJNE RATURI v. UNION OF INDIA AND ORS.
to frame Rules and laying down the standards of accessibility for
physical environment, transportation system, information &
communication system and other facilities & services to be
provided to the public in urban and rural areas. Rule 15 deals
with accessibility standards for public buildings, passenger bus
transport and information and communication technology. As
regards public buildings, the accessibility standards prescribed
under the Harmonised Guidelines and Space Standards for barrierfree built environment for persons with disabilities and elderly
persons issued by Ministry of Urban Development have been
adopted. This implies that all the public buildings are now required
to conform to these standards. [Para 15, 16] (848-G-H; 849-A-B,
D-E; 850-H; 851-A-B]
1.3 Apart from conferring rights on disabled persons, there
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are adequate provisirins which cast an obligation on the State
also to make provisions for safeguarding the interest of the
handicapped persons. 73rd and 74'h Amendment of the D
Constitution of India make it a Constitutional obligation for the
State to make provisions for safeguarding the interest of the
weaker section of the society, including 'handicapped and mentally
retarded'. Article 41 of the Constitution which is in the nature of
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a Directive Principle, imposes a duty on the State to make an
effective provision, inter alia, for public assistance to disabled
persons and it is a well-established principle that the State has an
obligation to apply the Directive Principles of securing a social
order in promotion of the welfare of the people. Further, the
intention of the legislature was clear and unambiguous when it
enacted the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation Act), an important
feature of which was the creation of a barrier-free built
environment. The provisions of Disabilities Act, 1995 and
Disabilities Act, 2016 have already taken note of. These
provisions emphasize the importance of providing nonG
discriminatory access by removing all physical barriers. More
specifically, they seek to provide access to public places in the
following ways:
A) Suitably altering buses, airplanes, train compartments
and vessels to make them accessible to persons with disabilities;
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SUPREME COURT REPORTS
[2017] 12 S.C.R.
A
B) Adapting toilets in these aforementioned vehicles and
waiting rooms to make them accessible, especially for wheelchair
users;
C) Installing auditory feedback in traffic signals for the
benefit of the visually impaired;
B
D) Making necessary curb cuts and slopes in pavements
for wheelchair users;
E) Engraving the surface of zebra crossings for the visually
impaired;
F) Engraving the edges of railway platforms for the benefit
c of the visually impaired;
G) Designing appropriate symbols of disability (for
identification of reserved parking spaces, etc);
H) Providing warning signals at necessary places;
I) Building ramps in all public places;
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J) Providing auditory feedback in lifts; and
K) Providing ramps in all healthcare facilities including,
inter alia, hospitals and rehabilitation centres. [Para 18) [851-GH; 852-A-H; 853-A-BJ
1.4 For effective implementation of these provisions, the
E. following measures need to be undertaken by the State authorities
for removing obstacles that prevent the disabled from accessing
public places:
(i) Making the gates to public places accessible by
incorporating necessary accessible standards. More
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specifically, they must be made wide enough to allow
wheelchairs to pass easily and must provide enough space
for the wheelchair to turn around after entering inside.
(ii) Stair must be marked with a broad yellow line to allow
the visually impaired to understand the difference in
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gradient.
(iii) At places like airports, railway stations, etc passengers
must be clearly informed about the details of their flight/
train such as the gate number for boarding, etc via public
announcement systems (this practice is, surprisingly,
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gradually declining).
RAJIVE RATURI v. UNION OF INDIA AND ORS.
831
(iv) A minimum of 3-5 parking spaces near the entrance A
must be reserved for persons with disabilities. This must
be clearly indicated by showing the international symbol
for disability i.e. the wheelchair symbol.
(v) All unnecessary obstructions must be removed, and all
access ways must be well lit. Moreover, clear signposts, B
along with their Braille equivalents should be put up.
(vi) Elevators must have clear Braille signs and auditory
feedback. The buttons of elevators must be accessible from
a wheelchair. Pictograms must be put up near elevators
and other important places such as toilets.
c
(vii) Employees working at public places must be provided
necessary training to enable them to understand the unique
set of challenges that persons with disabilities face. They
should be informed about the best practices for dealing with
these challenges.
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(viii) Wheelchairs and mobility scooters should be available
at every public place. [Para 19) (853-B-G]
1.5 The Disabilities Act, 1995 put a rider by mentioning
that responsibility of the State to provide these facilities is subject
to adequate economic resources to bear the expenditure involved
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in making these facilities disabled friendly, Disabilities Act, 2016
thankfully does not mention any such condition. On the contrary,
Section 45 of the Act provides for time limits for making existing
infrastructure and premises accessible and action for that purpose.
Furthermore, Section 44 casts an obligation on all kinds of F
establishments i.e. Government as well as private establishments,
to mandatorily observe accessible norms while building any
structure. [Para 20] [853-H; 854-A-BJ
1.6 Having regard to the Constitutional and Statutory
Scheme, there is no denial of the fact that visually impaired persons
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need to be provided proper and safe access to roads and transport
as well as to buildings, public places etc. Therefore, it is
emphasised that the prayers made in the instant petition cannot
be viewed as adversarial in nature. It is not regarded so by the
respondents as well, particularly the Union of India. In fact, the
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SUPREME COURT REPORTS
[2017] 12 S.C.R.
manner in which the instant case has proceeded would reflect
the commitment of the Central Government in taking care about
the aforesaid needs of the visually disabled persons. It is for this
reason the Union of India has been filing status reports from time
to time in the form of affidavits by bringing on record the various
measures which the Government has taken for fulfilling its
Constitutional and statutory obligations in this behalf. This petition
was filed in the year 2005 and the various measures t.akcn by the
Government has been monitored in the last 12 years. It is a 'work
in progress' and the Union of India has been taking various
measures to make the lives of such disabled persons as
comfortable as possible. [Para 21] (854-C-G]
1.7 Ten action points which arc enumerated by the
petitioner, for providing proper access to public facilities to the
persons suffering from visually disability, arc now statutorily
recognised under the Disabilities Act, 2016. The Legislature has
cast a duty on the executive wing for making provisions in this
behalf. This legal position is accepted by the Union of India in its
affidavit dated August 23, 2017. Jn this affidavit, the respondent
had itself mentioned various provisions under the Disabilities
Act, 2016 which mandate the respondents to make provisions
for these facilities. Not only this, such provisions even specified
the deadlines for undertaking these measures. Thus, it becomes
a statutory obligation on the part of the Central Government as
well as the State Governments to do the needful by the target
dates. Though, Central Government has taken various measures,
. many State Governments have not responded at all. Having
regard to the said position emerging on record, the following
directions are issued:
(i) Making 20-50 important government buildings in 50
cities fully accessible December 2017 (State Govt.
Buildings)
Since, this deadline is set by the AIC itself, this should be
met. In ilny case, as per the provisions of Section 46 of the
Disabilities Act, 2016, all Government buildings providing
any services to the public arc to be made fully accessible
by June, 2019 which has to be adhere to.
(ii) Making 50% of all the govt. buildings of the national
RAJIVE RATURI v. UNION OF INDIA AND ORS.
833
capital and all the state capitals fully accessible by December A
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Though the deadline for identifying the buildings was fixed
as February 28, 2017, according to status report dated
August 8, 2017, only 7 States have identified the buildings.
Remaining States arc directed to identify the buildings by
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February 28, 2018 and it is made clear that no further time
shall be granted. Insofar as deadline for retrofitting is
concerned, the work should be completed by December,
2018.
(iii) Completing accessibility audit of 50% of govt. buildings
and making them fully accessible in 10 most important cities/
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towns of states/UTs not covered in targets (i) and (ii) by
December 2019.
Position regarding this action point is the same as noted in
respect of action point 2, namely, only seven States have
submitted their list of 10 most important cities/towns and
0
not a single building has been identified so far. The States
are directed to identify 10 most important cities/towns and
complete accessibility audit of 50% of Government buildings
in these cities/towns by February 28, 2018. Likewise,
retrofitting of these be completed by December 2019 as
per the revised deadline set out by CCC.
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(iv) Central Govt. buildings.
Having regard to the comments given by the petitioner in
its affidavit dated August 23, 2017 on this aspect, time frame
of August, 2018 is given for completing this target.
(v) Accessibilitv in airports. Completing accessibilitv audit
of all the international airports and making them fully
accessible by December 2016.
The demand of the petitioner that Civil Aviation Ministry
should follow the prescribed template i.e. UT Roorkee template
on the Government website appears to be justified which should
be implemented as expeditiously as possible. The Union of India
should thereafter conduct the accessibility and audit and upload
the same on the website by June, 2018.
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(vi) Accessibility in Railways. Ministrv of Railways was
required to make all Al, A and B category railway stations
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[2017] 12 S.C.R.
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fully accessible by July 2016. 50% of all railway stations to
made fully accessible by March 2018.
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As is clear from the affidavit dated June 30, 2017 filed by
the petitioner, as many as 12 directions arc sought under
this action point. Insofar as providing of various facilities
in the railway stations arc concerned, which arc listed by
the petitioner, there cannot be any dispute that the Indian
railways is statutorily obligated to make those provisions.
The petitioner has, however, sought time bound directions
for providing such facilities. Wherever the provisions of
the Disabilities Act, 2016 prescribe the deadlines, the
respondent is to provide those facilities within those time
framework. Insofar as other facilities arc concerned, in
respect of which the petitioner wants those facilities by
specified period, no period is fixed. Instead, the
appropriate/competent authority in the railways is directed
to make an assessment in this behalf so as to ascertain as
to by what date(s) these facilities will be provided. Such a
study can be undertaken and exercise be completed within
a period of three months and report in that behalf shall be
filed in the Court, chalking out the progressive plan.
(vii) 10% of government owned public transport carriers
are to be made fully accessible by March 2018.
Herc again, Section 41 of the Disabilities Act, 2016
provides for comprehensive accessibility in all modes of
transport including but not remitted to the bus transport.
Therefore, it becomes the duty of the Union, States as well
as Union Territories to ensure that all Government buses
arc disabled friendly in accordance with the Harmonized
Guidelines. Likewise, the respondents arc duty bound to
sec that private buses also become disabled friendly. Thus,
we direct the Government to lay down the plan giving the
dates by which the aforesaid task shall be undertaken,
keeping in view the directions which arc sought by the
petitioner in this behalf and the same shall be filed within
three months.
(viii) Comprehensive revision of target deadliness under
accessibility of knowledge and ICT Eeosvstcm. At least 50%
of central and state govt. websites arc to meet accessibility
RAJNE RATURI v. UNION OF INDIA AND ORS.
835
standards by March 2017. At least 50% of the oublic A
documents are to meet accessibility standards by March
2018.
On this action point, the petitioner has sought five
directions. Again, there cannot be any dispute that such
provisions have to be made as Disabilities Act, 2016 itself B
mandates that. The only question is about the time schedule.
On certain aspects, AIC had itself mentioned the target
date. In any case, let there be a study undertaken in this
behalf as well by the Union oflndia and report be filed within
three months stating as to by what date(s) compliance shall
be ma~.
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(ix) Bureau of Indian Standards to embed disability aspect
in all relevant parts of revised National Building Code.
It is expected that the respondents would regularly update
the Harmonized Guidelines keeping in view the provisions
of Disabilities Act, 2016 and technological advancement visD
a-vis the needs of persons with disabilities.
(x) The target of training additional 200 sign language
interpreters by March 2018.
Needful be done in this behalf as well within reasonable
time and the Government is directed to file an affidavit within
three months stating the time period within which the same
can be accomplished.
(xi) As per the provisions of Sections 60 and 66 of the
Disabilities Act, 2016, all States and Union Territories arc
required to constitute the Central and State Advisory
Boards. In order to effectively implement the provisions
of the said Act, it becomes the duty of the States and Union
Territories to constitute such Advisory Boards. Therefore,
it is directed that these Advisory Boards be constituted by
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all States and Union Territories within a period of three
months from today. The matter be listed for directions after
three months on receiving reports in terms of the said
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order.
[Paras 28 & 29] [908-C-F, G-H; 912-A-E; 911-AH; 910-A-H; 909-A-H]
Francis Coralie Mullin v. Administrator, Union Territory
of Delhi & Ors. (1981) 1 SCC 608 : (1981] 2 SCR
516; State of Himachal Pradesh & Anr. v. Umed Ram
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SUPREME COURT REPORTS
[2017] 12 S.C.R.
Sharma & Ors. (1986) 2 SCC 68 : (1981) 2 SCR 516;
Jeeja Ghosh & Anr. v. Union of India & Ors. (2016) 7
SCC 761 : [2016) 4 SCR 638; Jacob M Puthuparambil
& Ors. v. Kera/a Water Authority & 01:1·. (1991) 1 SCC
28 : (1990) 1 Suppl. SCR 562; Justice Sunanda
Bhandare Foundation v. Union of India & Am: (2014)
14 SCC 383 : [2014] 4 SCR 113; Justice Sunanda
Bhandare Foundation v. Union of India & Am: 2017
(5) SCALE 288 - referred to.
Case Law Reference
. [1981) 2 SCR 516
referred to
Para 11
C
(1981) 2 SCR 516
(2016) 4 SCR 638
referred to
referred to
Para 12
Para 13
(1990) 1 Suppl. SCR 562
referred to
Para 18
(2014] 4 SCR 113
referred to
Para 26
2017 (5) SCALE 288
referred to
Para 26
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CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
243 of2005
Under Article 32 of the Constitution oflndia
WITH
W.P. (Civil) No. 228 of2006.
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Colin, Gonsalves, Sr. Adv., Rajanmani, Ms. Sija N. Pal, Ms. Jyoti
Mendiratta, Anjani Kumar Mishra, Ad vs. for the Petitioner.
Ranjit Kumar SG, Ms.Pinky AnandASG, Ms. Sunita Rani Singh,
D.L. Chidanand, R.R. Rajesh, Gurmeet Singh Makker, A.K. Srivastava,
Ms. Asha Gopalan Nair, Raj Bahadur, Shreekant N. Terdal. Ms. Anil
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Katiyar, D.S. Mahra, Ms. Sushma Suri, Aniruddha P. Mayee, Avnish
M. Oza, Chirag Jain, A. Selvin Raja, Anil Grover, Piyush Hans, Satish
Kapoor, B.S. Gutam, Sapam Biswajit Meitei, Naresh Kr. G.,Ashok Kr.
Singh, Ms. Aishwarya Bhati, Pareena Swarup, Ameet Singh, Ms. Alka ·
Sinha, Anuvrat Sharma, M.R. Shamshad, D.K. Thakur, V.K. Sharma,
Milind Kumar, Jogy Scaria, M. Yogesh Kanna, Ms. Nithya, Ms. Maha
G
Lakshmi, Ms. Hemantika Wahi, Ms.Jesal Wahi, Ms. Puja Singh,
Ms. Mamta Singh, Ms. Aruna Mathur, Avneesh Arputham, Anuradha
Arputham,Amit Arora, AlputhamAruna and Co., Ms. Niranjana Singh,
Ms. D. Bharathi Reddy, Rajesh Srivastava, P. V. Yogeswaran, Pragati
Neekhra, EdwardBelho,K. Entaoli Sema,Amit Kumar Singh, K. Luikang
Michael, Nishe Rajen Shonker, Ms. Anu K. Joy, Ms. Kamini Jaiswal,
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RAJNE RATURl v. UNION OF INDIA AND ORS.
837
Ranjan Mukherjee, Anil Shrivastav, Raj Singh Rana, Jatinder Kumar
A
Bhatia, Ashutosh Kumar Sharma, S. Udaya Kumar Sagar, Mrityunjai
Singh, Kuldip Singh, Rajan Chatterjee, Adee! Ahmed, Piyush Sachdev,
Chanchal Kumar Ganguli, Ms.Diksha Rai, Gopal Singh, Rituraj Biswas,
Aditya Raina, M.T. George, Ms. B. Sunita Rao, V.K. Verma,
V.N. Raghupathy, Parikshit P. Angadi, Prakash Jodhar, Mis Corporate
Law Group, Ms. Ranjeeta Rohtagi, S. Doura, Guntur Prabhaka1,
B
Ms. Prerna Singh, Sanjay Kuarnr Visen, V.G Pragasam, S. Prabu
Ramasubramanian, T. Mahipal, Mishra Saurabh, Jayesh Gaurav, Gopal
Prasad, Ratan Kumar Choudhuri, Ms. Susmita Lal, Sudarshan Singh
Rawat, C.K. Sasi, Kunal A. Cheema, Yogesh K. Ahirrao, Nishant
Ramakantrao Katncshwarkar, B.S. Banthia, Ms. Charu Mathur,
T.N. Rama Rao, Hitesh Kumar Sharma, T. Veera Reddy, G.N. Reddy,
K.V. Jagdishvaran, Ms. G. Indira, M. Shoeb Alam, Ms. Fauzia Shakil
Ujjwal Singh, Moj ahid Karim Khan, Ardhendumauli Kumar Prasad, Advs.
for the Respondents.
The Judgment of the Court was delivered by
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A~ K. SIKRI, J. I. The petitioner herein, who is a visually
disabled person, is resident ofGurgaon (now 'Gurugram') and works in
Delhi with a human rights organisation. He has filed this petition in public
interest on behalf of the disabled persons (though better expression to
describe these persons is 'differently-abled persons') for proper and
adequate access to public places. In particular, this petition seeks providing
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all accessibility requirements to meet the needs of visually disabled persons
in respect of safe access to roads and transport facilities. It is stated in
the petition that there are sixty to seventy million disabled persons in
India and almost 50% thereof suffer from visual disability. The
fundamental concern of these visually impaired persons is safe
accessibility to movements on footpaths and accessibility to roads and
transport. It is stated in the petition· that internationally acceptable
mandatory components of physical accessibility arc the following: ·
a) Safety: the environment must be such where disabled people
can move around safely.
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b) Independence: the environment must be such where disabled
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persons can use the facilities independently.
c) Affordability: the barrier free or accessible environment should
not come with a premium.
d) Logical layout: the environment must be such where disabled
persons arc able to navigate without too much physical exertion H
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SUPREME COURT REPORTS
[2017] 12 S.C.R.
i.e. not having to move to the length and breadth of the building
to access information or make use of the facilities'.
2. As per the petitioner, physical accessibility when translated visa-vis road and transportation facilities for the benefit of visually disabled
persons would imply the following features:
MEASURES IN RESPECT OF ROADS:
a) Installation of auditory signals at every red light so as to aid
visually disabled persons to cross the roads safely. This signal
emits a series of sounds, which would indicate the oppo11une
time to cross the road.
b) Construct zebra crossings at a slight incline so as to aid in
guidance to visually disabled persons and to enable them to
navigate along this raised safe passage of zebra crossings.
This slightly raised level wo9uld indicate the course of the
zebra crossing to visually disabled persons, who would be
able to sense the slight level difference with the aid of their
walking stick.
c) Insert guiding blocks in zebra crossings so as to aid in guidance
to visually disabled persons and to enable them to navigate
along with safe passage of zebra crossings.
d) Placing warning blocks along the edges of the pavement or
footpath so as to denote a level difference between the road
and the pathway and tO ensure the continuity of the pathway.
Warning blocks refers to a standard cement block, such as is
used on pavements and footpaths, consisting of a series of
small blisters on them so as to warn visually disabled persons
wherever there is a gap in the pavement, a level difference
or to indicate the point where the pavement or footpath ends
and a road or a zebra crossing starts.
e) Providing for unobstructed footpaths with minimum
hindrances in such manner so as to leave obstacle-free walking
areas in a straight line on the footpath at either left or right
edges of the footpath.
f) Placing guiding blocks on pavements and footpaths so as to
1 Based on a paper by Sunita Singh titled 'Accessibility Issues' in book called 'Disability
Management in India - Challenges and Commitment•, edited by C.S. Mohapatra and
published by the National Institute for the Mentally Handicapped, Ministry of Social
Justice and Empowerment, in collaboration with the Indian Institute of Public
Administration (IIPA).
RAJIVE RATURI v. UNION OF INDIA AND ORS.
839
[A. K. SIKRI, J.]
aid visually disabled persons in directional guidance. Guiding
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blocks are constructed on the same lines as warning blocks,
the only difference being that while warning blocks consist
of blisters made on a block, guiding blocks comprise oflincs
engraved on a block. These engraved lines on the cement
block, which the visually disabled persons can sense with the
aid of their walking stick, serve as an orientation tool to guide
visually disabled persons along a certain direction.
g) Colouring the nosing of stairs in subways/overhead bridges/
escalators. Colouring· the edges of the stairs would be of
immense guidance to persons with low vision so as to enable
such persons to negotiate each step with ease and orientation.
h) Providing for specially designated parking areas, which do
not obstruct pathways. This feature would ensure that visually
disabled persons could negotiate pathways without the
apprehension of colliding with parked vehicles.
i.) Construction of a protective fencing around obstacles on
footpaths an pavements so as to serve as a warning of the
obstacle ahead.
j) Providing for signboards/advertisement boards and hoardings
to be placed above head levels. This feature would ensure
that there is no probability of visually disabled persons suffering
head injuries owing to collision with signboards/advertisement
boards.
k) Erecting a temporary barricade around places where
construction work is in progress so as to serve as a timely
warning to visually disabled persons.
1) Constructing highlands in the middle of main roads, so as to
make crossing roads safer for the visually disabled. A highland
would divide the main road in to two separate traffic zones of
traffic moving in opposite directions, wherein a visually
disabled person, through the aid of his ears, can concentrate
on the traffic sounds coming from one particular direction
whilst crossing over.
MEASURES FOR TRANSPORT FACILITIES:
m) Providing an efficient audio announcement system in all
modes of mass public transport, using Delhi Metro, which
has incorporated this feature with great success, as a model.
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n) Providing for bus stops to have route maps and schedules in
Braille, which is placed at eye-level.
o) Providing for a standardized texture of flooring in front of bus
stops.
p) Providing for easily accessible entry and exit points at bus
stops, railway stations and airports.
q) Providing for an exclusive and designated ticketing area and
assistance/information counter for visually disabled persons
at the point which is nearest possible to the entry point and at
every platform.
r) Providing for a designated place for disabled friendly coaches
by placing guiding blocks for disabled-friendly coaches at
railway stations, till the time the entire transport system
becomes disabled friendly entirely.
s) Constructing warning blocks along with edges of platforms at
all railway stations.
t)
Modifying the foot board of public transport vehicles so as to
make it more accessible for the visually disabled with
sufficient and uniform width of steps and between steps.
3. As per the petitioner, though there are few instances where
some of these measures arc being implemented, but the authorities have
moved with a slow pace and in sporadic manner. To illustrate the same,
the petitioner has tabulated these measures in Anneuxre P-4 to the writ
petition to show that in most of the cases no action is taken by various
States and Union Territories.
RIGHT OF VISUALLY DISABLED PERSONS TO GET
THESE FACILITIES
(i) At International Level
4. In international human rights law, equality is founded upon two
complementary principles: non-discrimination and reasonable
differentiation. The principle of non-discrimination seeks to ensure that
all persons can equally enjoy and exercise all their rights and freedoms.
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Discrimination occurs due to arbitrary denial of opportunities for equal
participation. For example, when public facilities and services are set on
standards out of the reach of persons with disabilities, it leads to exclusion
and denial of rights. Equality not only implies preventing discrimination
(example, the protection of individuals against unfavourable treatment
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by introducing anti-discrimination laws), but goes beyond in remedying
RAJNE RATURI v. UNION OF INDIA AND ORS.
[A. K. SIKRI, J.]
discrimination against groups suffering systematic discrimination in
. society. In concrete terms, it means embracing the notion of positive
rights, affirmative action and reasonable accommodation. The move from
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the patronising and paternalistic approach to persons with disabilities
represented by the medical model to viewing them as members of the
community with equal rights has also been reflected in the evolution of B
international standards relating specifically to disabilities, as well as in
moves to place the rights of persons with disabilities within the category
of universal humanrights.2".
•
5. Earlier the traditional approaches to disability have depicted it
as health and welfare issue, to be addressed through care provided to
persons with disabilities, from a charitable point of view. The disabled
persons are viewed as abnormal, deserving of pity and care, and not as
individuals who are entitled to enjoy the same opportunities to live a full
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and satisfying life as other members of society. This had resulted in
marginalizing the disabled persons and their exclusion both from the
mainstream of the society and enjoyment of their fundamental rights
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and freedoms. Disability tends to be couched within a medical and welfare
framework, identifying people with disabilities as ill, different from their
non-disabled peers, and in need of care. Because the emphasis is on the
medical needs of people with disabilities, there is a corresponding neglect
of their wider social needs, which has resulted in severe isolation for
people with disabilities and their families). However, Real awareness of E
the problems of disabled and their human rights perspective came to
fore, in international thinking, in the 1970s when United Nations took
number of initiatives, which embrace the growing international concept
of the human rights of persons with disabilities and equalization of
opportunities to them.
6. Two major declarations on the disabled were adopted by the
General Assembly in that decade. First is the declaration on the rights of
mentally retarded persons dated December 20, 1971 which provided that
the mentally retarded person should enjoy the same rights as other human
beings, including the right to proper medical care, economic security, the
right to training and rehabilitation, and the right to live with his own family
or with foster parents. Furthermore, the Assembly declared that there
should be proper legal safeguards to protect the mentally retarded person
against every form of abuse if it should become necessary to restrict or
'See Report of United Nations Consultative Expert Group Meeting on International
Norms and Standard~ Relating to Disability I 0-2-200 I
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deny his or her rights. In 197 5, the General Assembly of the UN adopted
the Declaration on the Rights of Disabled Persons, which proclaimed
that "disabled persons have the same civil and political rights as other
human beings." The Declaration states, "Disabled persons should receive
equal treatment and services, which will enable them to develop their
capabilities and skills to the maximum and will hasten the process of
their social integration or reintegration." This Declaration is a
comprehensive instrument with a clear focus on the rights of persons
with disabilities. Thereafter, the year 1981 was observed as International
Year of the Disabled Persons with its central theme as "Full Participation
and Equality".
7. In the very next year the UN General Assembly adopted the
World Programme of Action which placed "Equaliz.ation of Opportunities"
as a central theme. The Committee on Economic, Social and Cultural
Rights under International Covenant on Economic Social and Cultural
Rights (ICESCR) in 1994 assumed the responsibility for disability rights
by issuing a General Comment No.5, in which the Committee makes an
analysis of disability as a human rights issue. Article 6 of the Covenant
emphasizes "Right to Work"; Article 7 refers to "the Right of everyone
to the enjoyment of just and favourable conditions of work which ensures
adequate remuneration"; Article 11 recognizes that everyone has the
"Right to an adequate standard ofliving for himself and his family, including
adequate food, clothing and housing"; Article 15 recognizes the "Right
of everyone to take part in cultural life".
8. Even at Asian level, significant development took place when
the Government of Asian and Pacific countries (ESCAP Region) in their
meeting held in Beijing on 1" to 5'h December, 1992 called "Meet to
Launch the Asian and Pacific Decades of Disabled Persons" adopted
to the proclamation on "Full Participation and Equality of People with
Disabilities in the Asia and the Pacific regions, with this ending view, it
year marked 1993-2002 as the decade of disabled persons. This paved
the way for enactment of the "The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, which
was enacted in the year 1996.
9. The underlined message in the aforesaid documents is the
acknowledgment that human rights are individual and have a definite
linkage to human development, both sharing common vision and with a
common purpose. Respect for human rights is the root for human
RAJIVE RATURI v. UNION OF INDIA AND ORS.
843
[A. K. SIKRI, J.]
development and realization offull potential of each individual, which in
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tum leads to the augmentation of human resources with progress of the
nation. Empowerment of the people through human development is the
aim of human rights.
(ii) Rights under the Indian Constitution
l 0. This right not only flows from various international covenants
referred to above to which India is a signatory, it is recognised as
Constitutional right as well. There cannot be any dispute about the rights
of the differently- abled persons, particularly those who have visual
impairment with which category we are concerned in the present case,
to provide them adequate access to all the facilities on the road as well
as convenient access to transport facilities etc. Without these faciiities,
movement of such persons gets impaired and this can even be treated
as infringement of their fundamental rights under Article 19( l )( c) of the
Constitution, which is guaranteed to each and every citizen of this country.
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In order to ensure that this right is exercised by visually disabled persons
as well, it becomes the duty of the State and public authorities to lay
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down proper nom1S in respect of the built environment and public facilities
i.e. roads, buildings, public places, transport (air, land and water) carriages
etc. It is a well known fact that persons with visually impaired disability,
with which we are concerned, represent far more 'vulnerable section of
society" and 'at-risk cases' vis-a-vis their present surroundings which
also becomes evident from the well known fact that insurance companies
charge a higher premium on insurance policies extended to the visually
disabled as compared to the other persons.
11. Article 21 of the Constitution gives right to life, mandates that
every citizen has right to live with dignity. It is an umbrella right which
subsumes several other rights that enable life to be led meaningfully. In
Francis Coralie Mullin v. Administrator, Union Territory of Delhi
& Ors. 3, this Court has held that:
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"The fundamental right to life which is the most precious human
right and which fo1ms the ark of all other rights must, therefore,
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be interpreted in a broad and expansive spirit so as to invest it
with significance and vitality which may endure for years to come
and enhance the dignity of the individual and the worth of human
person."
'(1981) 1sec608
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Right to dignity has been particularly recognized in this judgment
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as one of the facets ofright to life:
"every act which offends against or impairs human indignity would
constitute deprivation pro tanto of this right to live."
. This expansive understanding of right to life assumes greater
proportions in respect of persons with visual impairments, who need a
higher number of compensative skill enhancing facilities in order to go
about their daily lives without suffering the indignity of being generally
perceived as being dependent and helpless.
12. The vitality of the issue of 'Accessibility' vis-a-vis visually
disabled persons' right to life can be gauged clearly by this Court's
judgment in State of Himuchul Pradesh & Anr. v. Umed Rum Sharma
& Ors. 4, where the right to life under Article 21 has been held broad
enough to incorporate the right to accessibility. Relevrmt paragraphs of
this judgment have been reproduced below:
"Read in the background ofA1ticle 38(2) every person has right
under Article 19( l )( d) to move freely throughout the territory of
India. He has also the right under Article 21 to his life which
embraces not only physical existence oflife but the quality oflife
and for residents of hilly areas, access to road is access to life
itself. Therefore, to the residents of the hilly areas as far as feasible
and possible society has constitutional obligation to provide roads
for communication in reasonable conditions.