Make Tourist Destinations Accessible For Disabled: High Court Directs Tamil Nadu Govt

The Madras High Court has directed the State government to take steps and make all tourist destinations in Tamil Nadu accessible for disabled persons in accordance with the standards of accessibility as formulated under section 40 of the Rights of Persons with Disabilities Act, 2016.

The bench of Justices R Mahadevan and J Sathya Narayana Prasad remarked, 

Accessible tourism is integral for equal participation of persons with disabilities in recreational and cultural life, like the other persons. It also applies to the senior citizens and elderly persons to experience and participate fully in their older years. 

It therefore directed the State to devise a program in consultation with expert bodies to make tourist destinations accessible for all. 

This court directs the Government to devise a programme in consultation with expert bodies, which includes persons with disabilities, to make tourist destinations in Tamil Nadu accessible for the disabled in accordance with the standards of accessibility as formulated under section 40 of the RPwD Act and other applicable guidelines; and prepare and publish a travel guide of disability-friendly and accessible tourist destinations.

The court was hearing a petition filed by KR Raja, who is physically challenged and can walk only with the help of two auxiliary crutches. He submitted that he was unable to access the Coutrallam Waterfall, which prompted him to file the present petition so that persons like him who suffer from some form of disability could experience the nature's bounty like any other able bodied person.

The petitioner submitted that as per Section 26 of the RPwD Act, the government and local authorities have a duty to take measures to promote and protect the rights of persons with disabilities to have a cultural life and to participate in recreational activities equally with others. 

The State submitted that Government will be taking all efforts to make tourist destinations accessible to all. As part of the same, recently the government had commenced the work for a permanent pathway for people with disabilities at Marina beach. 

At the outset, the High Court noted that  2.1% of the Indian population and 15% of the global population live with some form of disability. It observed that the state and local authorities must take effective steps to protect the interest of such persons and ensure accessibility in all walks of life. The court added that the elderly population of the country was also on the rise which will in effect increase the number of persons with some form of disability.

Thus, it is manifest that the number of persons with disabilities will rise in future and therefore, effective steps have to be taken by the Government and local authorities to protect the rights of the persons with disabilities by ensuring accessibilities in all walks of life.

The court also discussed the legal frameworks in this regard such as the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the Rights of Persons with Disabilities Act and decisions of the Supreme Court where it has been categorically held that there is a positive obligation on the State and private parties to provide additional support to persons with disabilities to facilitate their full and equal participation in society.

The court also pointed out examples from the State of Kerala where the government is taking steps to transform tourist destinations and accommodation units as disabled friendly.

The court thus ordered accordingly.

Case Title: KR Raja v State

Citation: 2022 Livelaw (Mad) 482

Case No: WP (MD)No.19896 of 2018