Unavailability of public infra for persons with disabilities glaring: HC orders citywide audit
‘Freedom of movement has to be honoured and assured in every way possible’
New Delhi: Acting on a plea by a wheelchair-bound school girl unable to access public infrastructure such as roads, footpaths and public transport, the Delhi High Court has now directed the Delhi government to conduct a citywide Social Disability Audit to assess the existing public infrastructure and whether it is accessible for persons with disabilities.
Justice Najmi Waziri of the Delhi High Court remarked: "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."
Noting that a nodal officer should be appointed for conducting the exercise, the high court asked the Chief Secretary to appoint one, not below the rank of Director. It added that the exercise can be conducted with the help of the School of Planning and Architecture.
Justice Waziri also said that the government must coordinate with all agencies and departments that provide facilities to the public, including road maintaining authorities namely DTC, DMRC, Railways, airports authority, etc.
Significantly, the court noted that providing the girl compensation under the Motor Vehicles Act would be meaningless if the public infrastructure in the city she resides is unaccessible to her.
The court added, "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."
Before posting the matter for next hearing on February 22, 2022, the court said, "This exercise shall be completed within six weeks. 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 (School of Planning and Architecture)."
