People’s Union for Civil Liberty, Ranchi v. The State of Jharkhand through Chief Secretary, Ranchi

SRI SANJAYA KUMAR MISHRA, C.J. SRI RAJESH SHANKAR, J. --------- For the Petitioner: For the State: 07/Dated: 29.09.2023 --------- Mr. Shailesh Poddar, Advocate Mr. Rajiv Ranjan, A.G. Mr. Piyush Chitresh, A.C. to A.G. --------- Upon hearing the learned counsel for the parties, this Court passed the following, (Per, Sanjaya Kumar Mishra, C.J.) ORDER

By filing this W.P. (PIL), the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to provide at least two wheel chairs in every court, judicial or quasi judicial forums in the State and also for providing appropriate infrastructure therein for the differently abled persons, as per the provisions of Section 12 and 45 of the Rights of Persons with Disabilities Act, 2016.

On the first date of listing, i.e., on 23.06.2023, we have directed the learned counsel for the State to take appropriate instructions and file counter affidavit. However, no counter affidavit has been filed. Again the matter was listed on 11.08.2023 and on that day also, the counter affidavit was directed to be filed within six weeks. Till date, no counter affidavit has been filed. Thus, we come to the conclusion that the State Government has no objection to the prayer made by the petitioners. Moreover, the enactment made by the Parliament provides

2. for the aforesaid facilities in all public places. Section 12 of the Rights of Persons with Disabilities Act, 2016 reads as follows: - “12. Access to justice.- (I) The appropriate Government shall ensure that persons with disabilities are able to exercise the right to access any court, tribunal, authority, commission or any other body having judicial or quasi-judicial or investigative powers without discrimination on the basis of disability. (2) The appropriate Government shall take appropriate steps to put in place suitable support measures for persons with disabilities specially those living outside family and those disabled requiring high support for exercising legal rights. (3) The National Legal Services Authority and the State Legal Services Authorities constituted under the Legal Services Authorities Act, 1987 (39 of 1987) shall make provisions including reasonable accommodation to ensure that persons with disabilities have access to any scheme, programme, facility or service offered by them equally with others.

(4) The appropriate Government shall take steps to— (a) ensure that all their public documents are in accessible formats; (b) ensure that the filing departments, registry or any other office of records are supplied with necessary equipment to enable filing, storing and referring to the documents and evidence in accessible formats; and (c) make available all necessary facilities and equipment to facilitate recording of testimonies, arguments or opinion given by persons with disabilities in their preferred language and means of communication.” The notes on clauses of the Act provide for the appropriate Government to ensure that the persons with disabilities have access to any court, tribunal, authority, commission or any other judicial or quasi-judicial body. Similarly, Section 45 of the said Act provides for the time limit for making existing infrastructure and premises accessible and action for that purpose.

It reads as follows:- “45. Time limit for making existing infrastructure and premises accessible and action for that purpose.—(1) All existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government within a period not exceeding five years from the date of notification of such rules; Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters. (2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritization, for providing accessibility in all their buildings and spaces providing

essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.”

3. A plain reading of the aforesaid provisions leads to the conclusion that the State Government should provide within a period of five years from the notification of the Rules, i.e., the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1996 and the Rights of Persons with Disabilities, Rules, 2017 provide for the aforesaid facilities. Thus, it is the duty of the State of Jharkhand to provide the facilities to the differently abled persons.

In that view of the matter, we allow this W.P.(PIL) and hereby, direct that since the 5 years have already elapsed, the said facilities shall be provided in any Court, tribunal, authority, commission or any other judicial or quasi-judicial body, within a period of six months, as undertaken by Mr. Rajiv Ranjan, learned Advocate General appearing for the State.

The Chief Secretary of the State of Jharkhand shall execute our order by issuing appropriate directions to the Department In-charge of providing the infrastructure and other facilities to the differently abled persons.

There shall be no orders as to costs. Pending application, if any, stands disposed of. Grant urgent certified copy of this order as per the Rules. (Sanjaya Kumar Mishra, C.J.) (Rajesh Shankar, J.) APK/VK