A.K. Sikri, J.
1. The Petitioner herein, who is a visually disabled person, is resident of Gurgaon (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 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 are the following:
"a) Safety: the environment must be such where disabled people can move around safely.
b) Independence: the environment must be such where disabled 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 are able to navigate without too much physical exertion 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 vis-à-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 opportune 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 would 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 aid visually disabled persons in directional guidance. Guiding 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 of lines 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.
l) 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.
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 footboard 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 are 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 Annexure 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. 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 by introducing anti-discrimination laws), but goes beyond in remedying 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 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 international standards relating specifically to disabilities, as well as in moves to place the rights of persons with disabilities within the category of universal human rights.(See Report of United Nations Consultative Expert Group Meeting on International Norms and Standards Relating to Disability 10-2-2001)".
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 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 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 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 deny his or her rights. In 1975, 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 ofion which placed "Equalization 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 of living 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 1st to 5th 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 development and realization of full potential of each individual, which in turn 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
10. 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 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, with which we are concerned, represent far more 'vulnerable Section of society' and 'at-risk cases' vis-à-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 and Ors. (1981) 1 SCC 608 [LQ/SC/1981/25] , this Court has held that:
"The fundamental right to life which is the most precious human right and which forms the ark of all other rights must, therefore, 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."
Right to dignity has been particularly recognized in this judgment as one of the facets of right 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-à-vis visually disabled persons' right to life can be gauged clearly by this Court's judgment in State of Himachal Pradesh and Anr. v. Umed Ram Sharma and Ors. (1986) 2 SCC 68 [LQ/SC/1986/29] , where the right to life Under Article 21 has been held broad enough to incorporate the right to accessibility. Relevant paragraphs of this judgment have been reproduced below:
"Read in the background of Article 38(2) every person has right Under Article 19(1)(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 of life but the quality of life 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. Denial of that right would be denial of the life as understood in its richness and fullness by the ambit of the Constitution. It appears to us that in the facts of this case, the controversy lies within a short compass. It is well settled that the persons who have applied to the High Court by the letter are persons affected by the absence of usable road because they are poor Harijan residents of the area, their access by communication, indeed to life outside is obstructed and/or prevented by the absence of road. The entire State of Himachal Pradesh is in hills and without workable roads, no communication is possible. Every person is entitled to life as enjoined in Article 21 of the Constitution and in the facts of this case read in conjunction with Article 19(1)(d) of the Constitution and in the background of Article 38(2) of the Constitution every person has right Under Article 19(1)(d) to move freely throughout the territory of India and he has also the right Under Article 21 to his life and that right Under Article 21 embraces not only physical existence of life but the quality of life and for residents of hilly areas, access to road is access to life itself. These propositions are well settled. We accept the proposition that there should be road for communication in reasonable conditions in view of our constitutional imperatives and denial of that right would be denial of the life as understood in its richness and fullness by the ambit of the Constitution. To the residents of the hilly areas as far as feasible and possible society has constitutional obligation to provide roads for communication."
13. Right to dignity, which is ensured in our Constitutional set up for every citizen applies with much more vigour in case of persons suffering from disability and, therefore, it becomes imperative to provide such facilities so that these persons also are ensured level playing field and not only they are able to enjoy life meaningfully, they contribute to the progress of the nation as well. In a recent judgment in Jeeja Ghosh and Anr. v. Union of India and Ors. (2016) 7 SCC 761 [LQ/SC/2016/706] , these aspects were highlighted by this Court in the following form:
"37. The rights that are guaranteed to differently-abled persons under the 1995 Act, are founded on the sound principle of human dignity which is the core value of human right and is treated as a significant facet of right to life and liberty. Such a right, now treated as human right of the persons who are disabled, has it roots in Article 21 of the Constitution. Jurisprudentially, three types of models for determining the content of the constitutional value of human dignity are recognised. These are: (i) Theological Models, (ii) Philosophical Models, and (iii) Constitutional Models. Legal scholars were called upon to determine the theological basis of human dignity as a constitutional value and as a constitutional right. Philosophers also came out with their views justifying human dignity as core human value. Legal understanding is influenced by theological and philosophical views, though these two are not identical. Aquinas and Kant discussed the jurisprudential aspects of human dignity based on the aforesaid philosophies. Over a period of time, human dignity has found its way through constitutionalism, whether written or unwritten. Even right to equality is interpreted based on the value of human dignity. Insofar as India is concerned, we are not even required to take shelter under theological or philosophical theories. We have a written Constitution which guarantees human rights that are contained in Part III with the caption "Fundamental Rights". One such right enshrined in Article 21 is right to life and liberty. Right to life is given a purposeful meaning by this Court to include right to live with dignity. It is the purposive interpretation which has been adopted by this Court to give a content of the right to human dignity as the fulfilment of the constitutional value enshrined in Article 21. Thus, human dignity is a constitutional value and a constitutional goal. What are the dimensions of constitutional value of human dignity It is beautifully illustrated by Aharon Barak [Aharon Barak, Human Dignity -- The Constitutional Value and the Constitutional Right (Cambridge University Press, 2015)] (former Chief Justice of the Supreme Court of Israel) in the following manner:
The constitutional value of human dignity has a central normative role. Human dignity as a constitutional value is the factor that unites the human rights into one whole. It ensures the normative unity of human rights. This normative unity is expressed in the three ways: first, the value of human dignity serves as a normative basis for constitutional rights set out in the Constitution; second, it serves as an interpretative principle for determining the scope of constitutional rights, including the right to human dignity; third, the value of human dignity has an important role in determining the proportionality of a statute limiting a constitutional right.
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40. 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. 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 by introducing anti-discrimination laws), but goes beyond in remedying 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 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 international standards relating specifically to disabilities, as well as in moves to place the rights of persons with disabilities within the category of universal human rights. (See Report of United Nations Consultative Expert Group Meeting on International Norms and Standards Relating to Disability, 10-2-2001.)
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43. All these rights conferred upon such persons send an eloquent message that there is no question of sympathising with such persons and extending them medical or other help. What is to be borne in mind is that they are also human beings and they have to grow as normal persons and are to be extended all facilities in this behalf. The subject of the rights of persons with disabilities should be approached from human rights perspective, which recognised that persons with disabilities were entitled to enjoy the full range of internationally guaranteed rights and freedoms without discrimination on the ground of disability. This creates an obligation on the part of the State to take positive measures to ensure that in reality persons with disabilities get enabled to exercise those rights. There should be insistence on the full measure of general human rights guarantees in the case of persons with disabilities, as well as developing specific instruments that refine and give detailed contextual content of those general guarantees. There should be a full recognition of the fact that persons with disability were integral part of the community, equal in dignity and entitled to enjoy the same human rights and freedoms as others. It is a sad commentary that this perception has not sunk in the mind and souls of those who are not concerned with the enforcement of these rights. The persons suffering from mental or physical disability experience and encounter nonpareil form of discrimination. They are not looked down by people. However, they are not accepted in the mainstream either even when people sympathise with them. Most common, their lives are handicapped by social, cultural and attitudinal barriers which hamper their full participation and enjoyment of equal rights and opportunities. This is the worst form of discrimination which the disabled feel as their grievance is that others do not understand them.
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46. It is the common experience of several persons with disabilities that they are unable to lead a full life due to societal barriers and discrimination faced by them in employment, access to public spaces, transportation, etc. Persons with disability are the most neglected lot not only in the society but also in the family. More often they are an object of pity. There are hardly any meaningful attempts to assimilate them in the mainstream of the nation's life. The apathy towards their problems is so pervasive that even the number of disabled persons existing in the country is not well documented."
(iii) Rights conferred under the Statute
14. Right of these persons not only flows from the Constitution but are statutorily recognised as well. As mentioned above, pursuant to Beijing Declaration, India enacted Disability Act, 1995 (hereinafter referred to as the 'Act')(This Act now stands repealed and is replaced by Act, 2016 which is enforced w.e.f. April 19, 2017.). 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 this act was enacted by the legislature to fulfill its international obligation to enact a disability specific law nationally. The first in the statement of objects and reasons are:
"(i) To spell out the responsibility of the State towards the prevention of disabilities: and
(ii) To create a barrier free environment for Persons with Disabilities."
15. Under its chapter VIII, titled "Non-Discrimination", the Disabilities Act, 1995 aimed to provide persons with disabilities with a non-handicapping environment to ensure them equal opportunities and full participation in all aspects of life, including social, economic, political and cultural, at par with other citizens. Sections 44, 45 and 46 under this chapter provided extremely specific and unambiguous guidelines for making the built environment, roads and transport facilities accessible for visually disabled persons.
Under Section 44 establishments in the transport sector are required to design rail compartments, buses, etc. in such a way as to promote easy access to disabled persons.
Section 45 provides for installation of signals at traffic lights on public roads, kerb cuts, and slopes to be made in pavements, engravings on edges of railways platforms, designing appropriate symbols of disability and warning signals at appropriate places.
Section 46 directs the appropriate governments and local authorities, within the limits of their economic capacity and development, to provide for ramps, Braille symbols and auditory signals in elevators in hospitals, primary health centres and other medical care and rehabilitation institutes.
16. The Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the 'Disabilities Act, 2016') has come into force on April 19, 2017 and this Act has repealed the earlier Disabilities Act, 1995. This Disabilities Act, 2016 lays down the provision relating to barrier free environment. Those relevant provisions, are as under:
Section 2(i) - 'establishment includes a Government establishment and private establishment'.
Section 2(k) - 'Government establishment' means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in Section 2 of the Companies Act, 2013 (18 of 2013) and includes a Department of the Government.
Section 2(v) - "private establishment" means a company, firm, cooperative or other society, associations, trust, agency, institution, organisation, union, factory or such other establishment as the appropriate Government may, by notification, specify; (w) "public building" means a Government or private building, used or accessed by the public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial foras, railway stations or platforms, roadways bus stands or terminus, airports or waterways;
Section 2(w) - "public building" means a Government or private building, used or accessed by the public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial foras, railway stations or platforms, roadways bus stands or terminus, airports or waterways;
Section 2(zd) - "transportation systems" includes road transport, rail transport, air transport, water transport, para transit systems for the last mile connectivity, road and street infrastructure, etc;
Section 2(ze) - "universal design" means the design of products, environments, programmes and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialised design and shall apply to assistive devices including advanced technologies for particular group of persons with disabilities.
Section 2(b) - "appropriate Government" means,--
(i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonments Act, 2006 (41 of 2006), the Central Government;
(ii) in relation to a State Government or any establishment, wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government.
Section 16 mandates the appropriate Government and the local authorities to endeavour that all educational institutions funded or recognised by them provide inclusive education to the children with disabilities and towards that end shall make buildings, campus and various facilities accessible.
Section 25(1)(b) mandates the appropriate Government and local authority to take necessary measures for the persons with disabilities to provide barrier-free access in all parts of Government and private hospitals and other health care institutions and centres.
Section 40 mandates the Central Government 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 barrier-free 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.
17. It is pertinent to mention at this point that the Ministry Urban Development and Poverty Alleviation had in the year 1993, at the outset of the Asia-Pacific Disability Decade, received monetary grants from UN-ESCAP as part of project for 'the Promotion of Non-Handicapping Environments for Disabled and Elderly Persons in the Asia-Pacific Region". The project had developed a set of guidelines on the promotion of non-handicapping physical environments for disabled persons and therefore provided funds to implement these guidelines within a period of three years, beginning May 1995.
As a follow up action to the enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act) 1995, the Ministry of Urban Development in collaboration with UN-ESCAP, undertook demonstrative exercises in Delhi to create a barrier-free built environment in a 2 square kilometer area of Indraprastha Estate.
This was followed by the formulation of guidelines for creation of a barrier-free environment by the Centre Public Works Department (CPWD) under the Ministry of Urban Development and Employment, developed "Guidelines on Space Standards for Barriers Free Built Environment "which also included model building bye-laws for inter alia, road construction, to facilitate their adoption by local bodies in the states. A reference was made to all state governments to make suitable amendments in their building bye-laws to respond to this Act. Thus, there is no paucity for provisions in the law to safeguard the rights of the visually disabled.
DUTY OF THE STATE
18. Apart from conferring rights on disabled persons, there are adequate provisions which cast an obligation on the State also to make provisions for safeguarding the interest of the handicapped persons. 73rd and 74th Amendment of the 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 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. The importance of Article 41 in the Constitutional scheme can be measured by this Court's judgment in Jacob M. Puthuparambil and Ors. v. Kerala Water Authority and Ors (1991) 1 SCC 28 [LQ/SC/1990/563] wherein it was held that a Court should interpret an Act so as to advance Article 41. 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. Chapter 8 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 deals squarely with the issue of non-discrimination in transport and the built environment. The provisions of Disabilities Act, 1995 and Disabilities Act, 2016 have already taken note of. These provisions emphasize the importance of providing non-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;
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;
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 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;
J) Providing auditory feedback in lifts; and
K) Providing ramps in all healthcare facilities including, inter alia, hospitals and rehabilitation centres."
19. For effective implementation of these provisions, the 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 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 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, gradually declining).
iv) A minimum of 3-5 parking spaces near the entrance 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, 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.
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.
viii) Wheelchairs and mobility scooters should be available at every public place."
20. One aspect that needs to be highlighted is that whereas 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 in making these facilities disabled friendly, Disabilities Act, 2016 thankfully does not mention any such condition. On the contrary, Section 45 of theprovides 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 establishments i.e. Government as well as private establishments, to mandatorily observe accessible norms while building any structure.
THE PRESENT CASE
21. Having regard to the aforesaid Constitutional and Statutory Scheme, there is no denial of the fact that visually impaired persons need to be provided proper and safe access to roads and transport as well as to buildings, public places etc. We may, therefore, emphasise that the prayers made in the present petition cannot be viewed as adversarial in nature. We find comfort in the fact that it is not regarded so by the Respondents as well, particularly the Union of India. In fact, the manner in which the present 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 taken by the Government has been monitored in the last 12 years. It may not be necessary to refer to various status reports filed by the Government depicting the steps which are taken by it, as that would unnecessarily burden the present judgment. As was rightly stated by Mr. Ranjit Kumar, learned Solicitor General who appeared on behalf of Union of India, that 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. Thus, instead of reproducing those steps which are taken by the Government from time to time, we would like to confine the discussion by referring to affidavit dated June 30, 2017 filed by the Petitioner in response to the status report filed by the Union of India on April 12, 2017. In this affidavit, the Petitioner has tabulated his remarks and comments to the said status report and the direction which it seeks from this Court. Therefore, this affidavit depicts what remains to be done at the end of the Respondents. It may be pointed out that affidavit which was filed by the Union of India on April 12, 2017 was in response to the ten action points which were submitted by the Petitioner. In the said affidavit, the Union of India gave its updated status on those points in the following manner:
Table
22. In its reply dated June 30, 2017, the Petitioner has made his remarks in respect of the aforesaid ten action points and also submitted that certain directions are required from this Court in respect of six to ten action points.
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23. Vide order dated August 9, 2017, this Court sought the response of the Respondents in respect of directions which are sought by the Petitioner and listed above. In compliance therewith, the Union of India has filed affidavit on August 23, 2017. In this affidavit, the Union of India has itself accepted the position under the Disabilities Act, 2016 by mentioning relevant provisions of the in detail, which have already been taken note of.
24. The Government has also pointed out that the Bus Body Coat as notified by Ministry of Road Transport and Highways vide GSR No. 895(E) : dated September 20, 2016 has been adopted, in the form of Central Motor Vehicles (12th Amendment) Rules, 2016. It is also mentioned that in case of Information & Communication Technology, the guidelines for Indian Government websites as adopted by Department of Administrative Reforms and Public Grievances are to be complied with by all the websites of establishments. The Ministry is working with other line Ministries/Departments to finalise accessible standards for other facilities and services. Insofar as directions sought by the Petitioner in his affidavit dated June 30, 2017 are concerned, the Union of India has given its response thereto in the following manner:
"(a) With respect to the directions sought under Serial Number 1, it is stated that the State Governments are being regularly reminded up to submit cost estimates for retrofitting for the release of grant in aid. 822 proposals have been received so far, however, funds amounting Rs. 84.32 crore for 385 buildings has been released. For remaining, 437 buildings funds could not be released due to technical errors in the proposals, pending Utilization certificates etc. Cost estimates of 780 buildings are yet to be received. Directing the States to submit the proposal within a period of one month may not be practical since the States are required to get their cost estimates done through their Executive Engineers of Public Works Department. Further, the direction sought by the Petitioner to disburse the entire fund to the States within a period of two months is also not feasible. During the current financial year, an amount of Rs. 207 crore is available under Central Government's scheme called 'Scheme for Implementation of Persons with Disabilities Act (SIPDA)'. Thus, release of funds depends on the amount available with the Government at that point of time. Therefore, it would be appropriate to direct the States to submit the proposal within a period of six months and the Central Government would release the fund, if the proposal is complete in accordance with the scheme within a period of two months from the receipt of the proposal, subject to the availability of the funds.
It is further submitted that it may also not be practically feasible possible to direct the State Governments to complete retrofitting by December, 2017. It may be noted that after sanctioning of the proposal, the State Governments are required to float tender and assign the work to the agency which may take time. Further, the completion of work will take time. It may not be feasible in all the cases to complete the work within a period of six months. The States may be directed to complete the process of initiation of retrofitting work by December, 2017.
It is submitted that the State Governments may be directed to conduct accessible audit after retrofitment so as to see whether all the findings of the access audit report have been adequately addressed or not.
(b) With respect to the directions sought under Serial Number 2, it is stated that it may be appropriate to give three months time for the States to submit the list of 50% of the Government buildings in all State Capitals as per target 2 of AIC. It may perhaps be appropriate to advise the States/UTs to devise work plan to ensure retrofitment in these buildings by December, 2018 and conduct accessibility audit as soon as the retrofitment work is over.
(c) With respect to the directions sought under Serial Number 3, it is submitted that it may be appropriate to give three months time for the States to submit the list of buildings in 10 most important cities as per target 3 of AIC.
(d) With respect to the directions sought under Serial Number 4, it is submitted that CPWD/Ministry of Urban Development is the nodal Department for maintenance of General Pool Office Accommodation (GPOA) buildings. CPWD has intimated that out of 50 cities of phase I, 11 cities do not have GPOA buildings under maintenance of CPWD. For the remaining 39 cities, 75 buildings were identified, of which retrofitting in 49 buildings in 27 cities have been completed and work is in progress for 9 buildings in 8 cities. Retrofitting of all the 466 buildings within a period of one year may not be feasible as it involves allocation of funds.
(e) With respect to the directions sought under Serial Number 5, it is submitted that Ministry of Civil Aviation has been requested to carry out retrofitting activities as per extant guidelines/instructions. The access audit report of IIT Roorkee with respect to Indira Gandhi International Airport has been placed on the website of the Department.
(f) With respect to the directions sought under Serial Number 6, it is submitted that the access audit report of IIT Roorkee with respect to New Delhi Railway Station has been placed on the website of the Department.
(g) With respect to the directions sought under Serial Number 7, it is submitted that Ministry of Road Transport & Highways being the concerned Ministry to take a view on the possibility of phasing out. However, as per Section 46 of the Disabilities Act, 2016, the service providers whether Government or private shall provide services in accordance with the Rules on accessibility formulated by the Central Government Under Section 40 within period of 2 years from the date of notification of such rules. Mostly the passenger bus transportation is in the domain of State Governments. It is for the States to take a call in the matter. It may be appropriate to direct them to comply with the provisions of Section 46 of the Disabilities Act, 2016.
(h) With respect to the directions sought under Serial Number 8, it is submitted that with a view to help the State Government to make their website accessible as per GIGW and W3C compliance, DEPwD has issued a work order to ERNET India for 917 State Government websites to be made accessible as per GIGW and W3C compliance. Now the accessibility standards has been prescribed for websites and the document to upload on it under Rule 15(1)(c) of the 2017 Rules. All the establishments are required to comply with these standards.
(i) With respect to the directions sought under Serial Number 9 no specific directions has been sought. It may be noted that Harmonised Guidelines and Space Standards for barrier-free built environment for persons with disabilities and elderly persons issued by Ministry of Urban Development has been adopted as reference for accessibility norms and therefore only these guidelines are to be mandatorily followed.
(j) With respect to the directions sought under Serial Number 10, it is submitted that Rehabilitation Council of India (RCI) has done this exercise earlier with reference to order of High Court of Delhi in W.P.(C) No. 6250 of 2010 - The National Association of Deaf v. Union of India and Ors. Accordingly, the Department has started training of its officials to develop a pool of sign language interpreters in the public offices. So far six batches of sign language training have been completed and about 100 sign language interpreters have been trained. Status reports are bring filed in the High Court from time to time."
25. It is, thus, stated that though the Respondent has taken appropriate steps in respect of ten action points spelled out by the Petitioner and is attempting to fulfil the needs of such visually impaired persons in all possible manners.
26. This affidavit also refers to the judgment of this Court in the case of Justice Sunanda Bhandare Foundation v. Union of India and Anr. (2014) 14 SCC 383 [LQ/SC/2014/322] wherein certain directions were given by this Court. It is mentioned that while dealing with the compliance of the directions contained in the aforesaid judgment, this Court has passed order dated April 25, 2017 (reported as Justice Sunanda Bhandare Foundation v. Union of India and Anr. 2017 (5) SCALE 288 [LQ/SC/2017/689] ), as per which following directions are given:
"25. We have referred to certain provisions only to highlight that the 2016 Act has been enacted and it has many salient features. As we find, more rights have been conferred on the disabled persons and more categories have been added. That apart, access to justice, free education, role of local authorities, National fund and the State fund for persons with disabilities have been created. The 2016 Act is noticeably a sea change in the perception and requires a march forward look with regard to the persons with disabilities and the role of the States, local authorities, educational institutions and the companies. The statute operates in a broad spectrum and the stress is laid to protect the rights and provide punishment for their violation.
26. Regard being had to the change in core aspects, we think it apposite to direct all the States and the Union Territories to file compliance report keeping in view the provisions of the 2016 Act within twelve weeks hence. The States and the Union Territories must realize that under the 2016 Act their responsibilities have grown and they are required to actualize the purpose of the, for there is an accent on many a sphere with regard to the rights of the disabilities. When the law is so concerned for the disabled persons and makes provision, it is the obligation of the law executing authorities to give effect to the same in quite promptitude. The steps taken in this regard shall be concretely stated in the compliance report within the time stipulated. When we are directing the States, a duty is cast also on the States and its authorities to see that the statutory provisions that are enshrined and applicable to the cooperative societies, companies, firms, associations and establishments, institutions, are scrupulously followed. The State Governments shall take immediate steps to comply with the requirements of the 2016 Act and file the compliance report so that this Court can appreciate the progress made.
27. The compliance report to be filed by the States shall be supplied to the learned Counsel for the Petitioner, learned Counsel for the Union of India as well as to the learned Counsel for the applicant/intervenor so that they can assist the Court.
28. The Registry is directed to send a copy of the order passed today to the Chief Secretaries of the States and the Administrators of the Union Territories."
27. In respect of the action taken by the Respondents as mentioned in its affidavit dated August 23, 2017, the Petitioner has furnished the following comments:
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28. From the foregoing discussion, following pertinent aspects can be discerned:
"(a) Ten action points which are enumerated by the Petitioner, for providing proper access to public facilities to the persons suffering from visually disability, are now statutorily recognised under the Disabilities Act, 2016. To put it straight, 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. In 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.
(b) Though, Central Government has taken various measures, many State Governments have not responded at all.
(c) In Justice Sunanda Bhandare Foundation case as well, this Court has given various directions from time to time. In its order dated April 25, 2017, the States as well as Union Territories are directed to comply with the provisions of Disabilities Act, 2016 and to report to the Court about the progress made by them in this behalf. The Court is, thus, monitoring the progress in this behalf in the said writ petition.
Having regard to the aforesaid position emerging on record, we dispose of these petitions with the following directions:
(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 any case, as per the provisions of Section 46 of the Disabilities Act, 2016, all Government buildings providing any services to the public are 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 capital and all the state capitals fully accessible by December 2018.
Though the deadline for identifying the buildings was fixed as February 28, 2017, according to status report dated August 8, 2017, only seven States have identified the buildings. Remaining States are directed to identify the buildings by February 28, 2018 and it is made clear that no further time in this behalf 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/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 not a single building has been identified so far. The States are, therefore, 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.
(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) Accessibility in airports. Completing accessibility 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. IIT 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.
(vi) Accessibility in Railways. Ministry of Railways was required to make all A1, A and B category railway stations fully accessible by July 2016. 50% of all railway stations to made fully accessible by March 2018.
As is clear from the affidavit dated June 30, 2017 filed by the Petitioner, as many as 12 directions are sought under this action point. Insofar as providing of various facilities in the railway stations are concerned, which are 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 are concerned, in respect of which the Petitioner wants those facilities by specified period, we are not fixing such a period. Instead, we direct that the appropriate/competent authority in the railways shall 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.
Here 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 are disabled friendly in accordance with the Harmonized Guidelines. Likewise, the Respondents are duty bound to see 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 are 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 Ecosystem. At least 50% of central and state govt. websites are to meet accessibility standards by March 2017. At least 50% of the public 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 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 of India and report be filed within three months stating as to by what date(s) compliance shall be made.
(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 vis-à-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 are 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, we direct these Advisory Boards to be constituted by all States and Union Territories within a period of three months from today."
29. Matter be listed for directions after three months on receiving reports in terms of the aforesaid order. In the reports to be filed, the Respondents shall also state the follow-up action taken during the intervening period in the meantime.
