'Appropriate Measures Should Have Been Taken Much Earlier': Madras HC Directs State To Submit Road Map For Purchasing Disabled Friendly Buses

The Madras High Court on Thursday directed the State government to submit a road map for purchasing disabled-friendly buses in 4 weeks time. The Court was adjudicating upon a batch of writ petitions seeking the universal use of disabled-friendly buses to uphold the rights of persons with disabilities. During an earlier hearing dated July 22 the Court had restrained the State government from purchasing any new buses for the purpose of public transport unless such buses are disabled-friendly as per the statutory requirements under the Rights of Persons with Disabilities Act, 2016 (2016 Act) and the Rights of Persons with Disabilities Rules, 2017 (2017 Rules). 

A Bench comprising Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu on Thursday was informed by the State that in light of the economic loss suffered by the State in the wake of the pandemic as well as the prevalent condition of the city roads, it would not be viable for the State to purchase only disabled friendly buses on such a short notice. It was also brought to the notice of the Court that disabled friendly buses are far more expensive than ordinary buses. 

Dismissing such concerns raised, the Court opined that the State should have undertaken appropriate measures to ensure that public buses have disabled friendly amenities a long time ago. Accordingly, it observed, 

"Appropriate measures should have been taken much earlier so that things would not come to such a pass. Though it can be appreciated that the pandemic has caused a severe loss and city roads may still not be viable to receive low platform heavy duty vehicles, there has to be much more acquisition of disabled friendly buses and investment in appropriate roads since the law has been in place for a considerable period of time"

However, the Court opined that in the interest of the public at large, it would not place such a blanket embargo on the acquisition of buses sans disabled friendly amenities. 

"Some time may be afforded to the State to go in for a mix of disabled friendly and ordinary buses for a limited period before all buses acquired from a particular date will be as required by law to be disabled friendly", the Court further directed. 

The matter has been listed for further hearing on September 30. 

Case Title: Vaishnavi Jayakumar v. State of Tamil Nadu 

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