"Non-Availability Of Enabling Infra For Persons With Disability Glaring Throughout City": HC Directs Delhi Govt To Conduct Social Disability Audit

Observing that the non-availability of enabling infrastructure for persons with disability is glaring and apparent throughout the city, the Delhi High Court last week called for a Social Disability Audit to be conducted by the Delhi Government within six weeks for the purpose of assessing the existing public infrastructure, including roads and other modes of transportation with regards to accessibility for persons with disabilities.

"The non-availability of requisite and enabling infrastructure for persons with disability is glaring and apparent throughout the city. It is also a violation of the Article 21 of the Constitution of India. Freedom of movement has to be honoured and assured in every way possible, it cannot be restrained by lack of civic amenities," Justice Najmi Waziri observed.

Opining that appointment of a Nodal Officer would be necessary to be done by the Department of Social Welfare, Delhi Government for facilitating the said exercise, the Court directed thus:

"Let an officer of a rank not lower than the Director be appointed by the Chief Secretary for enabling persons with requisite facilities, in terms of the aforesaid statute (Rights of Persons with Disability Act, 2016)."

The Court said that it will be open for the Delhi Government to take the assistance of the School of Planning and Architecture.

It also said that all the agencies in the city which provide facilities to the public, including road maintaining authorities namely DTC, DMRC, Railways, airports authority, etc., shall assist and coordinate with the said designated officer so that the objectives of statute are met at the earliest possible.

The Court was dealing with a petition filed by a young school girl who was permanently debilitated below the waist, therefore being wheelchair bound. She was unable to use footpaths, narrow streets, and transportation facilities and other forms of public transport.

The Court was of the view that a part of the compensation provided to the petitioner girl under the scheme of Motor Vehicles Act, 1988, would be meaningless, if the public infrastructure in the city limits her movement.

"Each agency including North Delhi Municipal Corporation, Public Works Department, DISCOM, Delhi Police, Delhi Traffic Police, Delhi Transport Corporation, Delhi Metro Rail Corporation, New Delhi Municipal Council as well as such other agencies, shall appoint a senior officer not below the rank of the Executive Engineer to assist and coordinate with the Nodal officer appointed by the GNCTD, for provision of due facilities to persons with disabilities," the Court ordered.

It added:

"It is hoped that in three months streets not less than two kilometres each in the South, East, North, West and Central regions will be identified, and made ready, in terms of the social disability audit, and as may be advised by the SPA."

The matter will now be considered on February 22, 2022 for compliance of the said directions.

Case Title: JYOTI SINGH v. NAND KISHORE & ORS

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