Delhi HC orders social disability audit of public transport in six weeks

‘Non-availability of requisite infrastructure glaring in city’

The Delhi High Court has called for a social disability audit of the existing public transport infrastructure, including the Delhi Metro, with regards to facilities for persons with disability within six weeks.

Justice Najmi Waziri said that “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,” the judge said.

Appoint senior officer

The High Court ordered the agencies, including the North Delhi Municipal Corporation, Public Works Department, the discom, Delhi Police, the Delhi Traffic Police, the Delhi Transport Corporation, the Delhi Metro Rail Corporation, and the New Delhi Municipal Council as well as such other agencies, to appoint a senior officer not below the rank of executive engineer to assist and coordinate with the nodal officer appointed by the Delhi Government for provision of due facilities to persons with disability.

“This exercise shall be completed within six weeks,” the court directed. “It is hoped that in three months, streets not less than 2 km 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)”.

The High Court said 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 nodal officer appointed by the Government, who will conduct the social disability audit.

Disabled girl’s plea

The court’s direction came while hearing the plea of a young school girl, who became permanently disabled in a motor vehicle accident and now is wheelchair-bound.

“A person such as the present 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,” the judge said.

“All agencies shall endeavour to respect the dignity and individual autonomy of persons with disabilities. 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 enactment of the Rights of Persons with Disability Act, 2016,” the court ordered.

The court was of the view that the young girl and other similarly placed persons should be given due facilities to make their commuting through public transport less daunting.

It had asked the authorities to ensure that movement in wheelchairs is not impeded by in any manner, either due to obstructions/construction(s) on the footpath, lack of ramps or poor maintenance, inconvenient or dangerous road crossings, non-availability of ‘request traffic lights’ for crossing by disabled or children or the elderly; lack of zebra-crossing markings or lack of facilities at metro stations.