Court Mandates Accessible Housing for Disabled Employees Across Punjab, Haryana, and Chandigarh
In a significant ruling, the Punjab and Haryana High Court has issued a landmark judgment mandating structural accommodations and accessibility adjustments for persons with disabilities, extending the implications to all physically disabled employees in Punjab, Haryana, and the Union Territory of Chandigarh. The judgment, delivered by Justice Kuldeep Tiwari, arose from a petition filed by Kuldeep Singh Bhullar, a petitioner diagnosed with a 60% permanent disability in his right leg, seeking accessible housing accommodations.
The Court emphasized enforceable statutory obligations under the Rights of Persons with Disabilities Act, 2016. Sections 40, 44, and 45 of the Act were highlighted as pivotal, underscoring the need for adherence to accessibility standards in building plans, and setting a timeframe for making existing public buildings accessible.
Justice Tiwari stressed the importance of compliance with the Harmonised Guidelines for Barrier-Free Built Environment as per the Rights of Persons with Disabilities Rules, 2017. These guidelines necessitate that all establishments comply with accessibility standards for public buildings, transportation systems, and information and communication technology.
Recognizing the broader implications of the issue, the Court expanded the scope of the petition to a Public Interest Litigation, thereby addressing the rights of similarly situated disabled employees across Punjab, Haryana, and Chandigarh. The Court ordered the inclusion of the respective states and the Union Territory as respondents, ensuring comprehensive adjudication of the matter. Senior Advocate Kshitij Sharma and Advocate Tahaf Bains were appointed as amicus curiae to assist the Court.
This judgment reinforces the statutory obligations for accessibility, ensuring inclusive spaces for persons with disabilities and setting a precedent for future cases. The move is expected to have a significant impact on public infrastructure and the rights of disabled individuals in the region.
Bottom Line:
Rights of Persons with Disabilities Act, 2016 - Structural accommodation and accessibility adjustments in housing for persons with disabilities are enforceable statutory obligations.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 (Sections 40, 44, 45), Rights of Persons with Disabilities Rules, 2017 (Rule 15)
