At last, accessibility for all

SC judgment is anticipated to instigate a substantial revision of the accessibility mandate for persons with disabilities as well as other demographic groups

- SHASHANK PANDEY

IN NOVEMBER 2024, a Supreme Court (SC) bench led by former Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Mishra delivered an order in Rajive Raturi vs Union of India. The case had begun in 2005 as a petition advocating accessibility for visually impaired individuals, but it has since evolved into a pivotal matter addressing various aspects of accessibility.

In its ruling, the SC emphasised three critical elements that will have substantial implications for inclusivity across sectors like technology, transport, health, and social services, moving beyond the persons with disabilities (PwD) classification and encompassing all vulnerable communities.

Enhanced understanding of accessibility as a right

The SC articulated the concept of accessibility as a factor that perpetuates inequalities, as it constrains the capacity of PwDs to participate in community life. This often leads to a reliance on others, limiting their autonomy and opportunities for self-determination. Thus, the SC has interpreted the accessibility mandate as a part of a broader human rights framework. Article 9 of the United Nations Convention on Rights of Persons with Disabilities also obligates State parties to promote accessibility as an essential right.