HC directs Delhi govt to carry out Social Disability Audit

By Amiya Kumar Kushwaha
New Delhi [India], December 21 : Observing the non-availability of requisite and enabling infrastructure for persons with disability is glaring and apparent throughout the city, the Delhi High Court has directed the Delhi government to carry out a Social Disability Audit within six weeks.
Justice Nazmi Waziri said, "The non-availability of requisite and enabling infrastructure for persons with disability is glaring and apparent throughout the city. "
Remarked it as a violation of Article 21 of the Constitution of India, the Court opined that "Freedom of movement has to be honoured and assured in every way possible, it cannot be restrained by lack of civic amenities."
A part of the compensation provided to the petitioner under the Motor Vehicles Act, 1988, would be meaningless, if the public infrastructure in the city limit her movement, said the Court.
The Court was hearing a plea filed by a disabled woman who cannot use the wheelchair optimally as she is unable to access public transportation or wheel herself out of her residence on to a footpath. She has also submitted photographs before the Court to prove her claims.
The petitioner, who as a young school girl has been permanently debilitated below the waist and is now wheelchair-bound, is inconvenienced or unable to use footpaths, narrow streets, and transportation facilities be it through bus or metro, and other forms of public transport.
Henceforth, the Court had directed the Department of Social Welfare of Delhi Govt to appoint a Nodal Officer, which shall ensure that a Social Disability Audit is carried out, preferably within six weeks.
The Court said that it will be open for the Delhi Government to take the assistance of the School of Planning and Architecture.
However, it directed all agencies in Delhi, who provide facilities to the public, including road maintaining authorities, DTC, DMRC, Railways, airports authority, etc., shall assist and coordinate with the said designated officer so that the objectives of the said statute are met at the earliest possible.
All agencies shall endeavour to respect the dignity and individual autonomy of persons with disabilities suggested the Court and said, "It needs to be borne in mind that this exercise is necessary and needs to be carried out in terms of objectives and context of the enactment of the Rights of Persons with Disability Act, 2016."
"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 said.
The Court also clarified that this exercise shall be completed within six weeks and said that 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.
"While, DMRC did assist robustly in an earlier exercise to facilitate the travel of the appellant from her residence to Connaught Place and back, the Court is informed that ordinarily women personnel from the DMRC are not available for assistance to persons like the appellant. It is hoped that the DMRC will ensure due assistance through lady members at the metro station," the Court noted in its order.
The Standing Counsel for DMRC said that this order shall be promptly attended to.
Thereafter the Court listed the appeal for hearing on February 2 2022.