After hearing a petition filed by a wheelchair-bound young girl, Justice Najmi Waziri said that the “Freedom of movement has to be honored and assured in every way possible” and “it cannot be restrained by lack of civic amenities” on December 16.
The Delhi high court has ordered for a social disability audit of the existing public transport infrastructure, including Delhi Metro, with regards to facilities for persons with disability within six weeks.
The judge said, “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”.
Justice Najmi Waziri told that non-availability of requisite enabling infrastructure is glaring throughout the city, which violates Article 21 of the Constitution.
The court also mentioned that the streets in not less than two kilometers each in the east, south, west, north, and central regions will be identified and made ready, in terms of the social disability audit.
The High Court ordered the 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 provisions of due facilities to persons with disability.
The court has asked the authorities to make sure that the movement in a wheelchair is not obstructed in any manner, either due to construction on the footpaths, poor maintenance, lack of ramps, or non-availability of ‘request traffic lights’ for crossing by disabled or children or the elderly.
The court ordered, “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 the enactment of the Rights of Persons with Disability Act, 2016”
