Fundamental Rights Under the RPwD Act

Context

The Supreme Court of India has directed the Union Government to enforce mandatory accessibility standards for public spaces and services, emphasizing that accessibility is a fundamental right under the Rights of Persons with Disabilities (RPwD) Act, 2016.

 

Supreme Court’s Observations and Ruling

1. Non-Compliance with RPwD Act:
   • The Court noted that the 2017 Rules were treated as optional guidelines, undermining the mandatory intent of the Act.
2. Mandatory Standards Directive:
   • Declared Rule 15(1) of the RPwD Rules ultra vires, as it failed to establish “non-negotiable” accessibility standards.
   • Directed the Centre to create enforceable rules within three months in consultation with stakeholders and NALSAR’s Centre for Disability Studies.
3. Implementation and Penalties:
   • Non-compliance with the mandatory rules could lead to:
     • Withholding completion certificates for inaccessible infrastructure.
     • Imposing fines and other penalties.

 

Fundamental Rights for Persons with Disabilities in India

Key Provisions under the RPwD Act, 2016

1. Equality and Non-Discrimination:
   • Guarantees equal rights and prohibits discrimination against persons with disabilities (PwDs) in all spheres of life.
2. Accessibility:
   • Mandates universal accessibility in:
     • Physical environment: Public buildings, roads, and infrastructure.
     • Transportation: Public transport must be accessible.
     • Information and Communication: Inclusive websites, sign language, and assistive technologies.
3. Education:
   • Promotes inclusive education and mandates reasonable accommodations for PwDs in schools, colleges, and universities.
4. Employment:
   • Prohibits discrimination in employment.
   • Mandates equal opportunity policies in workplaces.
   • Establishes special employment exchanges for job placement.
5. Safety and Protection:
   • Protects PwDs from abuse, violence, exploitation, and inhumane treatment.
6. Home and Family Life:
   • Ensures PwDs’ right to live with dignity in a family setup.
   • Provides protection against abandonment or segregation.
7. Reproductive Rights:
   • Upholds the reproductive rights of PwDs, ensuring autonomy and informed choices.
8. Special Schemes and Development Programs:
   • Encourages tailored schemes to promote the socio-economic development of PwDs.
9. Special Courts:
   • Designates special courts to handle cases related to the rights and welfare of PwDs.
10. National and State Funds:

• Establishes dedicated funds at national and state levels to support initiatives for PwDs.

 

Implications of SC Judgment

• Reinforces the mandatory nature of accessibility as a cornerstone of the fundamental rights of PwDs.
• Strengthens accountability mechanisms for implementing the RPwD Act.
• Paves the way for creating an inclusive environment across public spaces, services, and institutions.