Election Commission Ordered to Comply with Rights of Persons with Disabilities Act, 2016, for Improved Accessibility
In a landmark decision aimed at enhancing electoral accessibility, the Madras High Court has directed the Election Commission of India to construct permanent ramps at polling booths, particularly in public buildings and educational institutions, to facilitate voting by persons with disabilities. The judgment, delivered by Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, emphasized the statutory rights of disabled voters under the Rights of Persons with Disabilities Act, 2016, which mandates accessible polling stations and understandable election materials.
The case, filed by Vaishnavi Jayakumar, highlighted persistent inadequacies in infrastructure for disabled voters, despite existing guidelines and Supreme Court directives. The petitioner argued that temporary ramps provided during elections were often inadequate and inaccessible, calling for a shift to permanent solutions.
The High Court took note of previous Supreme Court directions and Election Commission guidelines mandating permanent ramps and criticized the continued reliance on temporary arrangements. The Court underscored the necessity of permanent ramps as a statutory obligation under the Rights of Persons with Disabilities Act, 2016, which guarantees accessible voting facilities.
Additionally, the judgment addressed the digital accessibility of election-related information. The Court directed the Election Commission to expedite efforts to make its websites and digital platforms accessible to persons with disabilities, in accordance with GIGW 3.0 and WCAG 2.1 guidelines.
The judgment highlighted ongoing efforts by the Election Commission to audit and update its digital platforms, urging further expeditious action to ensure compliance with accessibility standards.
The Court's ruling marks a significant step towards inclusive electoral practices, ensuring that persons with disabilities can exercise their voting rights with dignity and ease. The decision is expected to have far-reaching implications for future elections, setting a precedent for enhanced accessibility in the electoral process.
Bottom line:-
Election Commission is mandated to ensure polling booths are accessible to persons with disabilities by providing permanent ramps and making websites user-friendly in compliance with the Rights of Persons with Disabilities Act, 2016.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Sections 2(i), 2(w), 2(x), and 11
Vaishnavi Jayakumar v. Election Commission of India, (Madras)(DB) : Law Finder Doc id # 2901921
