In Rajive Raturi vs. Union of India & Ors.,the Supreme Court confirmed that the right to access environments, services, and opportunities is a fundamental human right for persons with disabilities (PWDs).

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• Basis of the Judgement: The judgement is based on a report submitted by the Centre for Disability Studies (CDS), NALSAR University of Law. 
• Issues faced by the PWD’s as per Center for Disability Studies at NALSAR:
  • Accessibility Barriers: There are gaps in accessibility measures across courts, prisons, schools, public transport, and other public spaces.
  • Compounded Discrimination:  The report pointed out that inaccessibility often leads to compounded discrimination, creating additional layers of disadvantage for PWDs, particularly when these individuals are also subject to other forms of marginalisation.  
  • Inconsistencies in the Existing Legal Framework: The report highlights that while the RPWD Act sets mandatory accessibility rules, the RPWD Rules (2017) only provide self-regulatory guidelines.  
    • Rule 15 of the RPWD Rules, which contains the accessibility standards, is ultra vires the RPWD Act. 

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Key Observations Of The Supreme Court

• Disability as a Societal Responsibility, Not a Personal Tragedy: Chief Justice D.Y. Chandrachud emphasised that disability becomes a tragedy only when society fails to provide essential resources for the differently-abled to lead fulfilling lives.

• Accessibility as Essential to Equality, Freedom, and Dignity: The Supreme Court underlined that accessibility is a prerequisite for equality, freedom, and human dignity, enabling PWDs to exercise other rights meaningfully.
• Disparity in Accessibility Infrastructure Across Regions: The court noted regional disparities in accessibility standards.
  • For example, Delhi has 3,775 wheelchair-accessible buses, while Tamil Nadu has only 1,917.
  • Many older buildings, like the Bombay Art Gallery, lack basic accessible features, including restrooms for PWDs.
• Overlooked Rights to Relationships and Emotional Well-being
  • The Supreme Court observed that society often ignores the “right to relationships” for persons with disabilities, including their emotional needs for privacy, intimacy, and self-expression.
  • The disabled individuals living with families are often denied private spaces for self-care and personal expression.
• Need for Mandatory Accessibility Standards
  • The court found that existing accessibility rules were not mandatory, leading to low compliance.
  • The SC directed the Union Government to frame mandatory rules under Section 40 of the Rights of Persons with Disabilities (RPwD) Act, 2016 for ensuring that public places and services are accessible to persons with disabilities.
• Emphasis on the Social Model of Disability: The judgement called on the government to focus on removing societal barriers, such as physical, organisational, and attitudinal obstacles, rather than trying to “fix” individuals.
• Call for Universal Design in Public and Private Spaces
  • The court recommended “universal design” principles, ensuring that public and private spaces, services, and products are accessible to everyone from the start.
  • Chief Justice Chandrachud stressed that accessibility should be integrated into the design of new services and products from inception, as it is more efficient than making adjustments later.

About Persons with Disabilities (PwDs) (Divyangjan)

• Under the Rights of Persons with Disabilities (RPwD) Act, 2016, “persons with disability” is defined as individuals who have a long-term physical, mental, intellectual, or sensory impairment which, in interaction with barriers, can hinder their full and effective participation in society on an equal basis with others.
  • As per the RPwD Act, 2016, there are 21 types of Disabilities which includes Locomotor Disability, Visual Impairment, Hearing Impairment, Speech & Language Disability, Intellectual Disability, Multiple Disabilities, Cerebral Palsy, Dwarfism etc.
• Census Disability Categories: The census questionnaire included questions on seven types of disabilities until the 2011 census.
• The National Statistics Office report of 2019 expanded the list of disabilities to 21 when the Rights of People with Disabilities was introduced in 2016.
• Status of Persons with Disabilities (PwDs):
  • According to the 2011 Census, India has 2.68 crore Persons with Disabilities, accounting for 2.21% of the country’s total population.

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Barriers to Accessibility for Persons with Disabilities (PwDs)

• Physical Barriers: Inaccessible buildings, transportation systems, and public spaces due to lack of ramps, elevators, or wide doorways.
  • Older structures often lack these features, while newer developments sometimes overlook universal design principles, creating challenges for PwDs.
  • Data from the National Centre for Promotion of Employment for Disabled People shows that:
    • Less than 1% of educational institutions are disabled-friendly.
    • Less than 40% of school buildings have ramps.
    • About 17% have accessible restrooms.
• Technological Barriers: Lack of accessible digital platforms, websites, and assistive technologies for PwDs, particularly those with visual, auditory, or cognitive impairments. 

• • Gap in Assistive Technologies: The WHO and UNICEF Global Report on Assistive Technology (2022) highlights that  just 3% of people in low-income countries have access to necessary assistive products, compared to 90% in high-income countries.
• Attitudinal Barriers: Societal discrimination, stigma, and misconceptions about the capabilities of PwDs that hinder inclusion and equal participation.
• Economic Barriers: 
  • High Costs of Resources: PwDs face high expenses for assistive devices, transportation, and specialised medical care, limiting access to essential resources.
  • Employment Challenges: Discrimination, inaccessible workplaces, and lack of accommodations restrict employment opportunities for PwDs.
  • Lower Labour Force Participation: PwDs have lower labour force participation rates, contributing to higher poverty levels. 
    • The International Labour Organization’ s 2011 report on Persons with Disability (PWD) states that 73.6% of disabled in India are still outside the labour force.
• Legal and Policy Barriers: Inadequate enforcement of accessibility laws and policies, or the absence of such laws in some regions, limits PwDs’ rights and access to services.
• Communication Barriers: Limited access to information in accessible formats, such as Braille, sign language, or audio, restricting PwDs from engaging in education, work, and social activities.
• Cultural and Social Barriers: Cultural norms that isolate or exclude PwDs from social, educational, and professional opportunities due to deep-rooted prejudice or lack of awareness.
• Healthcare Barriers: Access to quality healthcare can be compromised for people with disabilities. 
  • Persons with disabilities have twice the risk of developing conditions such as depression, asthma, diabetes, stroke, obesity or poor oral health.

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Initiatives taken by the Indian Government to Support PwDs

• Rights of Persons with Disabilities Act, 2016: It is the disability legislation passed by the Indian Parliament to fulfil its obligation to the United Nations Convention on the Rights of Persons with Disabilities, which India ratified in 2007.

• Rights of Persons with Disabilities (RPwD) New Rules, 2024:
  • Streamlined Application Process: The amendments aim to simplify the process for persons with disabilities to obtain disability certificates and Unique Disability Identity (UDID) cards.
  • Colour Coded UDID Cards: The updated rules introduce colour-coded UDID cards to signify varying levels of disability:
    • White: For disabilities below 40%
    • Yellow: For disabilities between 40% and 79%
    • Blue: For disabilities of 80% or higher
• National Trust Act (1999): The Act establishes the National Trust with aim to enable persons with disabilities to live independently by promoting measures for their protection, appointing guardians, and facilitating equal opportunities in society
  • The National Trust is a statutory body of the Ministry of Social Justice and Empowerment, Government of India.
• Rehabilitation Council of India Act (1992): It regulates training and registration of professionals working in the field of disability rehabilitation.
• Assistance to Disabled persons for purchasing / fitting of aids / appliances (ADIP) Scheme: 
  • The scheme assists disabled individuals in acquiring modern aids and appliances to promote their physical, social, and psychological rehabilitation, enhancing their economic potential.
• Accessible India Campaign (Sugamya Bharat Abhiyan): To make public spaces, transportation, and information and communication technologies (ICT) accessible to PwDs.
• Divyang Sarathi App: This mobile application provides information on policies, schemes, and guidelines available for persons with disabilities, helping improve awareness and access to government resources.
• Others: 
  • PM-DAKSH (Divyang Skill Development and Rehabilitation Scheme), 
  • Deen-Dayal Disabled Rehabilitation Scheme, 
  • National Fellowship for Students with Disabilities,
  • Indian Sign Language Research and Training Centre, etc.

Way Forward

• Early Identification of Disabilities: It is crucial for effective intervention, rehabilitation, and support, ensuring that individuals with disabilities have the opportunity to lead fulfilling lives. 
  • Comprehensive Newborn Screening (CNS) Handbook under National Health Mission (NMM) for screening visible birth defects has been developed as a tool to aid Staff Nurses and ANMs at all delivery points. 
• Early Interventions: Example:
  • Occupational therapy can help with fine motor skills, play and self-help skills like dressing and toilet training
  • Physiotherapy can help with motor skills like balance, sitting, crawling and walking
  • Speech therapy can help with speech, language, eating and drinking skills
• Shift In Societal Attitudes: Shifting societal attitudes towards viewing PwDs as equal participants in society, rather than as dependent individuals, is crucial for fostering inclusion. Example: 
  • Promoting the use of empowering terms such as “Divyang” instead of “Viklang” (disabled).
  • The Supreme Court’s Handbook On Persons With Disabilities can be made accessible for everyone for better sensitisation and awareness.
• Investment in Assistive Technologies: such as speech recognition software and screen readers for the visually impaired to hearing aids and mobility devices. 
  • These technologies help PwDs perform daily activities more independently.
• Increasing the Opportunities and Incentives: For vocational training, skill development, self-employment, and formal employment for persons with disabilities, and ensuring non-discrimination and equal pay in the labour market.
• Embracing Digitally Accessible Pedagogy (DAP): Adopting DAP to empower students with disabilities, positioning inclusive education in India as a model for accessibility and equal learning opportunities.

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Conclusion

Ensuring accessibility for persons with disabilities is not only a fundamental right but also a societal responsibility that requires comprehensive legal, social, and infrastructural reforms to guarantee their full participation in society.

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