Synopsis: The petitioners argued that non-execution of the guidelines of the Supreme Court in this regard violated the fundamental rights of differently-abled persons.
Recently, the Allahabad High Court directed the State Government to inspect all government buildings in the town of Prayagraj to determine if they are accessible to people of differently-abled persons or not.
In a plea filed by 16 students seeking enforcement of the Rights of Persons with Disabilities Act, 2016, the order was passed by the Bench of Chief Justice Govind Mathur alongside Justice Saurabh Shyam Shamshery.
In its order passed on 8 January, the Court stated that it considered it appropriate to direct the Social Welfare Officer of the District of Prayagraj to carry out a full inspection of all government buildings located in Prayagraj with a Public Works Department team, including an officer not below the rank of Executive Engineer.
In order to seeking the implementation of the Rights of Persons with Disabilities Act, 2016, the petition also prayed for the Supreme Court’s enforcement of directions in Rajive Raturi Vs. Union of India and Others.
The petitioners argued that having inspected eight buildings occupied by various government departments, they found that there have been no adequate facilities available for differently-abled persons in the said buildings.
It was asserted that the provisions of the 2016 Act were of a mandatory nature and must therefore, be implemented.
Moreover, it was stated that the non-execution of the guidelines of the Supreme Court amounted to an infringement of the fundamental rights of differently-abled persons, as specified under Articles 14 and 21 of the Constitution of India.
The Court continued to allow time to the respondents to file the response on the petition.
In the meanwhile, an inspection of government buildings has been directed and a detailed report has to be sent to the Court on or before 1st of February 2021, when the matter is to be taken up again.