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Delhi High Court issued notice in a Public Interest Litigation for proper implementation of the provision of ‘The Rights of Persons with Disability Act 2016’ for the construction of footpaths and pathways to provide for unhindered accessibility to roads and other public places and to remove blockade and barrier if any due to encroachment or lack of maintenance which may act as a hindrance in the free movement for person with disability.

The petition was filed by a law student from Delhi University who contended that, not providing the accessible road to the ‘person with disability’ violates the article 19 and 21 of Indian Constitution.

The Petitioner initially filed RTI and gave representation to respondents (Municipal Corporation and Public Work Department) provide the data on the construction of accessible road for the public. However, none of the respondents replied on those formal communications.

The Respondent put before the court, section 40, of The Rights of Persons with Disability Act 2016 wherein- “The Central Government shall, in consultation with the Chief Commissioner, formulate rules for person with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communication, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.”

The Petition further contented that Section 41, wherein the government is responsible to provide accessible transportation, parking spaces and toilets for the person with disability. The court on the brief hearing was pleased to issue notice to Municipal Corporation, Ministry of Housing and Urban Affairs and Public Works Department.

-India Legal Bureau

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