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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. __ OF 2018
IN THE MATTER OF:
Nisha Jamvwal & ...... Petitioners AlbHA S1�C.H Versus
State of Maharashtra & Ors. ... Respondents
SYNOPSIS
List Particulars Exh. of No. Dates
07.02. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full 1996 Participation) Act, 1995 was introduced. (the Disability Act, 1995)
26.03. The Hon'ble Supreme Court passed D directions for the enforcement the 2014 provisions of the Persons with Disabjlities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. A copy of the said judgment is annexed herewith.
30.02. The Rights of Persons with Disabilities Act, 2016 (the Disability Act, 2016) came into 2016 forceto replace the Disability Act, 1995
Petitioner No. 1 is a columnist, writer, award-winning interiors designer, architect and luxury brand consultant.
Petitioner No. 2 is a social activist and a lawyer practising at the Hon'ble High Court of Bombay
25.04. The Hon'ble Apex Court, through the order E dated 25.04.2017 in the Interlocutory 2017 Application 10/2015, directed the State Government to take immediate steps to comply with the requirements of the Rights of Persons with Disability Act, 2016 within Bar & Bench (www.barandbench.com)
twelve weeks. A copy of the judgment is attached.
18.08. The Hon'ble Supreme Court allowed a F period of six weeks to the states and union 2017 territories, who had not filed the affidavit cum-compliance report, for filing the same. A copy of the order is attached
25.01. The Hon'ble Supreme Court passed G directions asking all the states and union 2018 territories to comply with all the requirements and provided the time of three months. A copy of the order is attached
Realisation of internationally acceptable mandatory aspects of physical accessibility is essential viz. safety, independence, affordability and easy navigation without physical exertion i.e. without making extra ordinary amount efforts to avail rudimentary facilities.
The present petition seeks to provide all accessibility requirements to meet the needs of disabled persons in respect of safe access to roads and transport facilitiesas the provisions of the law are not being followed.
Hence, the Petitioners are filingthis present petition under Article 226 of the Constitution of India by way of Public Interest Litigation
POINTS TO BE URGED
1. The persons with disability suffer due to lack of barrier free environment whereas the law safeguarding the rights of the differently-abled is in force and is still not being followed. 2. The Hon'ble Supreme Court has time and again instructed the state governments and union territories to implement the provisions of both the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the Rights of Persons with Disabilities Act, 2016. Bar & Bench (www.barandbench.com)
3. India, one of the first fewsignatories to the United Nations Convention on the Rights of Person with Disabilities, has not complied with the provisions of the same. 4. The Constitution of India, under Article 41, imposes a duty on the State to generate necessary and effective provisions for securing the right to work, right to education, and to public assistance in cases of unemployment, old age, sickness and disablement.
ACTS AND RULES TO BE REFERRED
1. Constitution of India - Article 19, 21, 41 and 226 2. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 3. The Rights of Persons with Disabilities Act, 2016. 4. The Development Control Regulations for Greater Bombay, 1991
AUTHORITIES TO BE CITED Authorities shall be cited at the time of hearing of the case. Bar & Bench (www.barandbench.com)
THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.__ OF 2018
In the matter of violation of Article 19, 21
and under Article 226 of the Constitution of
India
In thematter of:
1. Nisha Jamvwal
Age: Adult, 0cc: Profession- (Writer, Columnist)
Residing at 181 B Maker Towers B, Cuffe Parade, Mumbai
2. Abha Singh
Age: 52, Occupation: Social Activist and Advocate
(Hon'ble Bombay High Court)
Residing at Harisiddhi Heights, Worli Seaface, next to Bar & Bench (www.barandbench.com)
Sea Corner Restaurant, Mum- 400030. ... Petitioners
Versus
1. State of Maharashtra Through Secretary, Ministry of Public Health and Family Welfare, Public Health Department. Mantralaya, GT. Hospital Compound, 10th Floor, Complex Building, Mum - 400 001, Maharashtra 2. Indian Railways Through its Chairman, Rail Bhavan, 1, Raisina Road, New Delhi- 110001 3. Mumbai Metropolitan Region Development Authority (MMRDA) Through its Secretary having its registered officeat C-14 and C-15 of "E" Block, Bandra-Kurla Comlex, Sandra (East), Mumbai - 400 051 Commissioner, Disabilities, Maharashtra State, Govt. of Maharashtra, 3, Church Road, Pune - 411 00 5. Municipal Corporation of Greater Mumbai Municipal Corporation of Greater Mumbai, Head Quarter, Mumbai C.S.T. 400001 ... Respondents
TO
THE HON'BLE CHIEF JUSTICE
AND HIS COMPANION JUDGES
OF THIS HON'BLE COURT
THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED
MOST RESPECTFULL T SHEWETH:
The Petitioner most humbly and respectfully submits as under: Bar & Bench (www.barandbench.com)
6) 1. INTRODUCTION AND CAUSE OF ACTION:
1.1 Petitioner No. 1: The Petitioner No. 1 is a columnist
for esteemed newspapers, writer, professional space
planner and award-winning interiors Architect and
luxury brand consultant forreputed international brands
who resides at 181 B Maker Towers B, Cuffe Parade,
Mumbai, 400005. Petitioner No. 1 is keenly devoted
towards the upliftment and welfare of underprivileged
sections of society including tribal craft persons where
she works to take forward their art to public awareness,
street children and their education. Recently, she has
been awarded the women achievement along with
eminent lawyer and social activist Abha Singh (Petitioner
No. 2) and firstlady Amruta Fadnavis lauding their efforts
toward women's upliftmentand empowerment. A copy of
.2 Petitioner No. 2: Petitioner No. 2 is a former civil __ .,;. If ·
servant and presently an advocate practicing at the High
Court of Judicature at Bombay. She is a renowned social
activist who has done considerable work in the realm of
woman's rights, gender equality and justice. Petitioner
No. 2 is a public-spirited person and is known for fighting
for the cause of public in general since years. A copy of the
identity proof of Petitioner No. 2 is annexed hereto and
marked as Exhibit- "B''.
1.3 The petitioners' present efforts are directed towards
the much-needed specific facilities required in our
------Bar & Bench (www.barandbench.com)
environment for enabling differently abled members of
society to lead lives with greater self-dependence and
participation in society and to achieve their full potential
as productive members of society.
1.4 The Petitioner No. 1 has made several requests to
various Government and private establishments forfixing
a wheelchair-friendly ramp for free accessibility of
differently abled individuals and to provide wheelchair
accessible toilets with wide doors of a minimum width of
30" wide and also hotels that must have wheelchair
bathrooms with accessible bathing facilities. However, no
positive response has been received so far.
1.5 The fundamental concern of the disabled persons is
safe and freeaccessibility to movements on footpaths and
accessibility to roads, buildings (private or government)
and transport. Moreover, realisation of internationally
acceptable mandatory aspects of physical accessibility is
.• I·.1 . . J • ... r.;- . ( . r essential viz. safety, independence, affordabilityand easy ·��·/ j��'- �-: �-.• / navigation without physical exertion i.e. without making
extra-ordinary amount efforts to avail rudimentary
facilities.
1.6 In particular, this petition seeks to provide all
accessibility requirements to meet the needs of disabled
persons in respect of safe access to roads and transport
facilities. Bar & Bench (www.barandbench.com) @ 1. 7 The undersigned Petitioners are filing this present
petition under Article 226 of the Constitution of India by
way of Public Interest Litigation.
1.8 CHAPTERIZATION: This PIL is divided into
following chapters:
1. Introduction and Cause of Action;
2. Details of Respondents;
3. Brief Facts of Matter;
4. Grounds;
5. Miscellaneous;
6. Prayers
2.0 DETAILS OF THE RESPONDENTS
2.1 Respondent No. 1 State of Maharashtra through the
Secretary, Ministry of Health and Family Welfare. The
Ministry of Health and Family Welfare is the parent body
primarily responsible for the health of citizens. It
attempts to ensure accessible and affordable healthcare
for all the people in the country.
2.2 Respondent No. 2 is the Ministry of Railways is a
ministry in the Government of India, responsible for the
rail transport in India. The ministry operates the state
owned Indian Railways, an organisation that operates as
a monopoly in rail transport and is headed by the
Chairman of Railway Board. Bar & Bench (www.barandbench.com) 0 2.3 Respondent No. _3 is the Mumbai Metropolitan Region
Development Authority (Commonly abbreviated as
MMRDA) which is a body of the Government of
Maharashtra that is responsible for the infrastructure
development of the Mumbai Metropolitan Region.
2.4 Respondent No. 4 is the Commissioner, State of
Maharashtra appointed under Section 60 of the Persons
with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995.
2.5 Respondent No. 5 is the governing civic body of
Mumbai. It is responsible for the civic infrastructure and
administration of the city and some suburbs of Mumbai.
3.0 BRIEF FACTS OF MATTER
3.1 The Petitioners as mentioned above have a great
devotion for the betterment of underprivileged and
differently abled and those who facechallenges in regular
day-to-day activities. The Petitioner has approached
several government and private establishments
requesting them for constructing wheelchair-friendly
ramps so that even the differently abled may have an easy
access to each and every public or private buildings
without any help, so that even the differently abled may
experience the essence of independence, self-reliance and
more importantly self-sufficiency, which has been
guaranteed by Article 21 of the Constitution of India.
3.2 The Petitioner hereby submits that in spite of making
numerous requests, utter and thorough disregard was Bar & Bench (www.barandbench.com)
shown to Petitioner's initiative and simply spurious
promises were made.
3.3 The Petitioner hereby emphasizes that, in India, the
law guaranteeing the rights of the differently abled is very
much in force and the states are under stringent
obligation to ensure the implementation of the statute so
that realisation of fundamental rights which entail right
to live with dignity, right to move freely without any
obstructions, right against discrimination, right to
freedom of speech and expression etc. may be made
without any complexities.
3.4 The Petitioner, as mentioned above, has approached
various private and public establishments where the
wheelchair-friendly ramps for free and easier
accessibility are still non-existent. The Petitioner has
managed to click the photographs of the establishments
who have yet to comply with the provisions of the Rights
of Persons with Disability Act and the following table has
been inserted for the purpose of convenience, which
contains the names of the places where the free
accessibility fordifferently abled has been disdained:
SR. NAMES OF THE EXISTING STATE OF
NO. ESTABLISHMENTS AFFAIRS
1. INOX, CR 2 Mall, No wheelchair
Nariman Point, Mumbai accessible bathroom Bar & Bench (www.barandbench.com) ® 2. Peninsula Business No wheelchair ramp
Park, Mathuradas Mills,
Senapati Bapat Marg,
Mumbai
3. Sterling Cinema, Fort, 22 odd steps, no Mumbai wheelchair accessible
ramp and the manager
explicitly refused to
help or offerassistance.
4. Regal Cinema, Colaba, No wheelchair ramp Mumbai and no accessible
toilets.
5. Food courts on No wheelchair
highways from Bombay accessible toilets. No
to Pune ramps to access food.
6. McDonalds, Talegaon No ramp for access. No
toll plaza wheelchair access to
toilet
Jade Garden, Nehru 10 steps and no
Centre, Worli wheelchair-friendly
access to buildings.
8. Tulsiani Chambers, No ramp for free access.
Nariman Point
9. SBI, Horniman Circle No access for
wheelchairs Bar & Bench (www.barandbench.com)
10. CBI, Fort, Homi Modi No wheelchair·friendly
Street ramps
11. National Gallery of No wheelchair·friendly
Modern Art, Colaba ramps
12. INOX, Atria, Worli No wheelchair
accessible toilet.
13. Tamasha, Kamala Mills, No wheelchair friendly·
Lower Pare! ramps
14. Aer, Four Seasons Hotel No wheelchair friendly·
ramps
15. Oberoi Hotel, Nariman No wheelchair friendly·
Point ramps.
3.5 The Petitioner No. 1 h as managed to capture
photographs of the places mentioned above in and around 0·� \i - ·, . ��J.-<::�·./.�·.. ��_ },Mumbai where the rudimentary facilities for the 1 �- , ., . �{,.. . :... .. \ dL�erently abled are still non·existent. The Petitioners are ( _.,.. ·,.• -�' ...-,-· . t :()'t. · J · ir(_the process of accumulating all the photographs and
shall be provided along with additional affidavit before . � . .. ' . ··� � .! • . ·1�..:... ,• this Hon'ble Court.
3.6 It is pertinent to note that the establishments
mentioned above are situated in and around Bombay and
still blatant ignorance is observed in the so called
"metropolitan" and "evolved" cities. Thus, the existing
state of affairs regarding realisation of rights and the Bar & Bench (www.barandbench.com) @ differently abled in the remote and rural areas of the state
is unimaginable and is difficultto comprehend.
3.7 The Petitioner is in the process of collecting more
photographs of the places (government as well as private)
where the norms apropos of rights of differently are not
being conformed with the existing law in force and the
same shall be provided by the Petitioner for the kind
perusal of the Hon'ble Court.
3.8 There exists an absolute urgency as the new erections
are constantly being formedin the state territory and the
constant expansion of cities is evident, and so is the
disregardful behaviour towards the amenities, facilities
and right of free accessibility of the differently abled.
Therefore, the Petitioner emphasizes on the fact that the
immediate implementation of the law needs to be placed
on high-priority so that the constructions in that may
occur in future may be able to install the necessary
wheelchair-friendly ramps and other facilities to
encourage the differently abled to step outside their
house in the barrier-free environment.
3. 9 The Petitioner, therefore, has approached this
Hon'ble Court so that the provisions of t�e Rights of
Persons with Disability Act may be enforcedefficaciously
and immediately without any unnecessary delay.
4.0 GROUNDS
4.1 NO SPECIAL AMENITIES FOR PHYSICALLY
HANDICAPPED PERSONS VIOLATION OF Bar & Bench (www.barandbench.com)
DEVELOPMENT CONTROL REGULATION FOR
GREATER BOMBAY
The Development Control Regulations for Greater
Bombay, 1991 makes a provision under Rule 41 that
special amenities are required for physically handicapped
persons. For the purpose of convenience, the Rule of the
DC Regulations for Greater Bombay is produced as
follows:
"41. Special Amenities for Physically Handicapped Persons: Special amenities for physically handicapped persons as specified below shall be provided in buildings to be used for public offices, commercial occupancy or public purposes like cinema or drama theatres, hospitals, maternity homes, telephone offices, educational purposes-
(a) A 90 cm. high hand-rail and an additional one at a height of 75 cm. above the finished level of the steps for staircase and for steps to the ground floor plinth even if they are enclosed on their sides by walls.
(b) A ramp with a slope not exceeding 1:12 from the ground level of open spaces or road level to the entrance door of the lift or staircases.
(c) One of the wash basins in the toilet block on each floorfixed at a height of 80 cm. with a tap at 100 cm. above the finished floorlevel."
However, the said old provision of the Development
Control Regulations via notification dated 07.02.2004 has Bar & Bench (www.barandbench.com) ® been comprehensively revised and made very elaborate.
Under the new Regulation, certain definitions need to be
taken into consideration. For instance, Non-ambulatory
Disabilities includes impairments that, regardless of
cause or manifestation, for all practical purposes, confine
individuals to wheelchairs. Semi-ambulatory Disabilities
encapsulates impairments that cause individuals to walk
with difficulty or insecurity. Individuals using braces or
crutches, amputees, arthritics, spastics, and those with
pulmonary and cardiac ills may be semi-ambulatory.
Moreover, Hearing Disabilities means to include deafness
or hearing handicaps that might make an individual
insecure in public areas because he is unable to
communicate or hear warning signals. Sight Disabilities
entails total blindness or impairments affecting sight to
the extent that the individual, functioning in public areas,
is insecure or exposed to danger. In fact, a definition of
:" ..../� Wheel Chair has been provided as a chair used by · ..·: ,• ·,, . -,(· -��.... " � '\..\· -� �: -. 't'.,f·:-,.") ·sab)ed· people for mobility. The standard size at wheel /Jt "\� !J :?i' <,l'·{ ) � .;· ... <, · ·:·"��$-\�A� t� ir shall be taken as 1050 mm. X 750 mm. !• .•, a:-. .i(''' .J , ··': \. ) �·�.... 'D I" .,.. ,-._ ' . \ �.... ·� The scope of Regulation clearly defines that these bye
laws are applicable to all existing and proposed buildings
and facilitiesused by the public.
The provisions dealing with the current issue have
been produced hereunder for the purpose of
convenience:
"3. SITE DEVELOPMENT: Level of the roads, access paths and parking areas shall be described in the plan along with specification of the materials. Bar & Bench (www.barandbench.com) @ 3.1 Access path/walk way: - Access path from plot entryand surfaceparking to building entrance shall be ofminimum of 1800 mm. wide having even surface without any slope. Slope ifany shall not have gradient greater than 5%. Finishes shall have a no slip surface with a texture traversable by a wheel chair. Curbs wherever provided shall blend to a common level.
3.2 Parking: - For parking of vehicles of handicapped people, the following provisions shall be made:
a. Surface parking for two car spaces shall be provided near entrance for the physically handicapped persons with maximum travel distance of30 m.from building entrance.
b: The width of parking bayshall be minimum 3.60 m.
c. The information stating that the space is reserved for wheel chair users shall be conspicuously displayed.
4. BUILDING REQUIREMENT: The specified facilities for the buildings for physically handicapped persons shall be as follows:
i. Approach to plinth level.
ii. Corridor connecting the entrance/exit for the handicapped.
iii. Stairways.
iv. Lift
v. Toilet
vi. Drinking Water.
4.1 Approach to Plinth Level: - Every building should have at least one entrance accessible to the handicapped and shall be indicated by proper Bar & Bench (www.barandbench.com)
signage. This entrance shall be approached through a ramp together with the stepped entry.
4.1.2 Ramped Approach: - Ramp shall be finished with no slip material to enter the building. Minimum width of ramp shall be 1800 mm. With maximum gradient 1.12. Length of ramp shall not exceed 9.0 mt Having 800 mm. High hand rail on both sides extending 300 mm. Beyond top and bottom of the ramp. Minimum gap from the adjacent wall to the hand rail shall be 50 mm.
4.1.3 Stepped Approach: - For stepped approach size of tread shall not be less than 300 mm. And maximum riser shall be 150 mm. Provision of 800 mm. High hand rail on both sides of the stepped approach similar to the ramped approach.
4.1.4 Exit/Entrance Door: - Minimum clear opining of the entrance door shall be 900 mm. And it shall not be provided with a step that obstructed the passage of wheel chair user. Threshold shall not be raised more than 12 mm.
4.1.5 Entrance Landing: - Entrance landing shall be provided adjacent to ramp with the minimum dimension 1800 x 2000 mm. Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to a common level.
4.2 CORRIDOR CONNECTING THE ENTRANCE/EXIST FOR THE HANDICAPPED: - The corridor connecting the outdoors to a place where information concerning the overall use of the specifiedbuilding can be provided to visually impaired persons either by a person or by signs, shall be provided as follows: - a. The minimum width shall be 1500 mm. b. In case there is a difference of level slope ways shall be provided with a slope of 1:12.
------Bar & Bench (www.barandbench.com) @) c. Hand rails shall be provided for ramps/slope ways.
4.3 STAIR WAYS: - One of the stair-ways near the entrance/exist forthe handicapped shall have the following provisions:
a. Theminimum width shall be 1350 mm.
b. Height of the riser shall not be more than 150 mm. And width ofthe tread 300 mm. The steps shall not have abrupt (square) nosing.
c. Maximum number of risers on a flightshall be limitedto 12.
d. Hand rails shall be provided on both sides and shall extend 300 mm. On both sides and shall extend 300 mm. On the top and bottom of each flightof steps.
4.4 LIFTS: - Wherever lift is required as per bye laws, provision of at least one lift shall be made for the wheel chair user with the following cage dimensions:
1. Clear internaldepth: 1100 mm.
2. Clear internalwidth: 2000 mm.
3. Entrance door width: 900 mm.
a) A hand rail not less than 600 mm. long at 1 OOO mm. Above floor level shall be fixed adjacent to the control panel. Also, switch control shall be at an operating height equal to that of hand rails.
b) Thelift lobby shall be of an inside measurement of 1800 x 1800 mm. or more.
c) The time of an automatically closing door should be minimum 5 second and the closing speed should not exceed 0.25 M/sec. Bar & Bench (www.barandbench.com)
d) The interior of the case shall be provided with. a device that audibly indicates the floorthe cage has reached and indicates that the door of the cage for entrance/exist is either open or closed.
4.5 TOILETS: - One special W.C. in a set of toilets shall be provided for the use of handicapped with essential provision of wash basin near the entrance for the handicapped:
a. The minimum size shall be 1500 x 1750 mm.
b. Minimum clear opening of the door shall be 900 mm. and the door shall swing out
c. Suitable arrangement of vertical/horizontal handrails with 50 mm. Clearance from wall shall be made in the toilet.
d. The W.C. seat shall be 500 mm. from the floor.
4.6 DRINKING WATER: - Suitable provision of drinking water shall be made for the handicapped near the special toilet provided for them.
4.7 DESIGNING FOR CHILDREN: - Jn the buildings meant for the predominant use of the children, it will be necessaryto suitablyalter the height of the
amenities for physically handicapped are to be made in
buildings to be used for public offices, commercial
occupancy or other public purposes like cinema or drama
theatres, hospitals, maternity homes, telephone offices
etc. Such amenities are absolutely essential to create
barrier-free environment for the differently-abled since Bar & Bench (www.barandbench.com)
the rights of the disabled, like any other person, can never be disturbed or infringed.
4.2 PROVISIONS OF THE RIGHTS OF PERSONS WITH
DISABILITIES ACT, 2016 - BEING IGNORED - LEADING
TO INFRINGEMENT OF RIGHTS OF THE PERSONS WITH DISABILITY:
A. The Rights of Persons with Disabilities Act, 2016 has come into force on April 19, 2017 and the said Act has repealed the Disabilities Act, 1995. This Disabilities Act, 2016 lays down the provision pertaining to barrier free
environment. There are certain important terms which define and cover essential aspects that need to be emphasized on. For instance:
Section 2(i) of the Disability Act, 2016 states that establishment includes a Government establishment and private establishment. Section 2(k) of the said Act defines Government ��RY Establishment as a corporation established �O ,-""', �r by or under a Central Act or State Act or I• ( ,f an authority or a 1 �..-·) i • 1 · · body owned or . l(� � CJ.· ��':!..�r-- 1: ,_ ' controlled or aided by the Government or l ...1...... f J :,:. G' \. "" .) c,,. a local authority or a Government company as 0 "', . /.p definedin section ./,�'oF�� '; 2 of the Companies Act, 2013 (18 of 2013) and includes a Department of the Government. Section 2(v)
defines 'private establishment' means a company, firm,
cooperative or other society, associations, trust, agency,
institution, organisation, union, factory or such other
establishment as the appropriate Government may, by
notification, specify. Section 2(w) explains the concept of
'public building' means a Government or private building, Bar & Bench (www.barandbench.com) @ used or accessed by the public at large, including a
building used for educational or vocational purposes,
workplace, commercial activities, public utilities,
religious, cultural, leisure or recreational activities,
medical or health services, law enforcement agencies,
reformatories. or judicial foras, railway stations or
platforms, roadways bus stands or terminus, airports or
waterways.
Section 2(zd) states that 'transportation systems'
includes road transport, rail transport, air transport,
water transport, para transit systems for the last mile
connectivity, road and street infrastructure, etc. and more
importantly, Section 2(b) defines the term 'appropriate
Government' which means,- (i) in relation to the Central
Government or any establishment wholly or substantially
financed by that Government, or a Cantonment Board
constituted under the Cantonments Act, 2006 ( 41 of
2006), the Central Government; (ii) in relation to a State
Government or any establishment, wholly or
· substantially financed by that Government, or any local
authority, other than a Cantonment Board, the State
Government.
Under Section 16 the appropriate Government and the
local authorities are required to endeavour that all
educational institutions funded or recognised by them
provide inclusive education to the children with
disabilities and towards that end shall make buildings,
campus and various facilitiesaccessible. Bar & Bench (www.barandbench.com)
The Disability Act, 2016 has introduced provisions
pertaining to transport which are still not being complied
with and such provisions relate to the sphere of access to
transport, information, communication technology and
promotion of development and production and
distribution of universally designed consumer products
and accessories for general use for persons with
disabilities. For the purpose of convenience, the text of
Section 41 is produced hereunder:
"41. Access to transport-
{1) The appropriate Government shall take suitable measures to provide, -
(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibilitystandards relating to parking spaces, toilets, ticketing counters and ticketing machines;
{b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technicallyfeasible and safe for persons with disabilities, economically viable and without entailing major
I : ; . structural changes in design; ,\
{c) accessible roads to address mobilitynecessary for persons with disabilities.
(2) The appropriate Government shall develop schemes programmes to promote the personal mobilityof persons with disabilities at affordable cost to provide for, -
(a) incentives and concessions;
(b) retrofittingof vehicles; and Bar & Bench (www.barandbench.com)
(c) personal mobilityassistance"
Therefore, under Section 41, the appropriate
government is under obligation to take suitable measures
for creating free accessibility at bus stops, railway
stations, airports, toilets, ticketing counter etc. and
encourage schemes for the promotion of personal
mobility of persons with disabilities.
Whereas, Section 41 of the Disability Act, 2016 provides
foraccess to transport, Section 42 concentrates on access
to information and communication technology. For the
purpose of convenience, the text of Section 42 of the Act
is provided as follows:
"42. Access to information and communication technology. -
The appropriate Governmentshall take measures to ensure that, - {i) all contents available in audio, print and electronic media are in accessible format; (ii) persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning; (iii) electronic goods and equipment which are meant for everyday use are
,· available in universal design." .. __: ···
Accessibility to information and communication
technology thus includes, measures on the part of the
appropriate government to ensure that all the material
available in audio, print and electronic media are
accessible to every differently-abled individual.
As far as the issue of the promotion of development,
production and distribution of universally designed Bar & Bench (www.barandbench.com)
consumer products is concerned, the appropriate
government, under Section 43 of the Disability Act, 2016,
is under obligation to take measures to encourage the
same forgeneral use forpersons with disabilities. Section
43 states that:
"43. Consumergoods. -The appropriate Government shall take measures to promote development, production and distribution of universally designed consumer products and accessories for general use for persons with disabilities."
More importantly, Section 44 of the Disability Act,
2016 mandates compulsory observance of accessibility
norms. Under Section 44, no establishment can be
granted permission if there is a failureon the part of the
establishment to adhere to the rules formulated by the
Central Government under Section 40 and such
establishment cannot be issued a certificate of completion
of cannot be allowed to occupy the building if there is a
failureto comply with the rules, and Section 45 of the Act
prescribes a time limit for making existing infrastructure
and premises accessible. Section 44 and Section 45 of the
"44. Mandatory observance of ' .. � accessibilitynorms-
(1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40. Bar & Bench (www.barandbench.com)
(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government."
"45. Time limit for making existing
infrastructure and premises accessible
and action forthat 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 yearsfrom 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 prioritisation, 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."
In case of service providers, whether private or
Government, they are required under Section 46, to
provide the services in accordance with the rules on
accessibility formulated by the Central Government
under Section 40. Section 46 prescribes a time limit of two
years forthe service providers. Section 46 is produced for
the purpose of convenience: Bar & Bench (www.barandbench.com)
"46. Time limit for accessibility by service providers -The service providerswhether Governmentor private shall provide services in accordance with the rules on accessibilityformulated by the Central Government under section 40 within a period of two years from the date of notificationof such rules: Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules.
It is pertinent to note that under Section 89 of the
Disability Act, 2016, punishment is prescribed for
contravening the act, rules or regulations. Provision
regarding punishment is produced hereunder for thesake
of convenience:
"89. Punishment for contravention of provisions of Act or rules or regulations made thereunder �-�:--:. - ..
Any person who contravenes any of the provisions of this Act, or of any rule made thereunder shall for firstcontravention be
-- .·. punishable with finewhich may extend to ten thousand rupees and for any subsequent contravention with fine which shall not be less than fiftythousand rupees, but which may extend to five/akh rupees."
Therefore, considering the existing state of affairs it is
evident that the provisions of the Statute are not being
complied with and the ignorance towards the plight of the
f diferently-abled individuals still continues. Bar & Bench (www.barandbench.com) @ 4.3 STATE UNDER DUTY TO GENERATE NECESSARY
AND EFFECTIVE PROVISIONS FOR SECURING THE
RIGHT TO WORK, RIGHT TO EDUCATION, AND TO
PUBLIC ASSISTANCE IN CASES OF UNEMPLOYMENT,
OLD AGE, SICKNESS AND DISABLEMENT - DUTY
IMPOSED BY ARTICLE 41 OF THE CONSTITUTION OF
INDIA:
A. Part IV of the Constitution of India contains the
Directive Principles of State Policy which contain the
broad directives or guidelines to be followed by the State
while establishing policies and laws. The legislative and
executive powers of the state are to be exercised under
the purview of the Directive Principles of the Indian
Constitution. Out of these Directive Principles of State
Policy, Article 41 carries a significant amount of
importance as it imposes a duty on state to endeavour to
maintain right to work, education and public assistance in
certain cases. For the purpose of convenience, Article 41
of the Constitution of India is produced hereunder:
"Article 41: Right to work, to education and to public assistance in certain cases: - The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases ofundeserved want."
This is an adequate provision which acts as an obligation on the State also to make provisions for safeguarding the interest of the handicapped persons. Bar & Bench (www.barandbench.com)
73rd and 74th Amendment of the Constitution of India make it a Constitutional obligation for the State to make provisions for safeguarding the interest of the weaker section of the society, including 'handicapped and mentally retarded'. Article 41 of the Constitution which is in the nature of a Directive Principle, imposes a duty on the State to make an effective provision for public assistance to disabled persons and it is a well-established principle that the State has an obligation to apply the Directive Principles of securing a social order in promotion of the welfareof the people. The importance of Article 41 in the Constitutional scheme can be measured by this Court's judgment in Jacob M. Puthuparambil & Ors. V. Kera/a Water Authority& Ors. (1991) 1 sec 28, wherein it was held that a Court should interpret an Act so as to advance Article 41.
As mentioned in the provision, the State, for the betterment of the disabled, is obligated to make provisions for the. betterment of the disabled and must ensure that the right to work, education and assistance in cases of unemployment, old age, sickness and disablement has been well secured.
B. The Hon'ble Supreme Court in Rajasthan State Road Transport Corporation, Jaipur V. Narain Shanker & Anr. laid down the importance of Article 41 as faras the rights and free accessibility of the differently-abledis concerned by stating that:
"The State has a paramount duty, apart from liability for tort, to make effective provision for disablement in cases of undeserved want- Article 41 of the Constitution states so."
disablement effective quickly.
C. The Social Statistics Division of the Ministry of Statistics, Programme Implementation through its report Bar & Bench (www.barandbench.com)
in the year 2016 declared that in Census 2011, information on eight differenttypes of disability has been collected which includes disability in seeing, in hearing, in speech, in movement, in mental retardation, in mental illness, any other and multiple disability. The report describes the disability in movement in the following manner:
Those who:
"1. Do not have both arms or both legs; or
2. Are paralysedand are unable to move but crawl; or
3. Are able to move onlywith the help of walking aids; or
4. Have acute and permanent problems of joints/muscles that have resulted in limited movement; or
5. Have lost all the fingersor toes or a thumb; or
6. Are not able to move or pick up any small thing placed nearby; or
7. Have stiffnessor tightness in movement; or
8. Have difficulty in balancing and coordinating body movements;or
9. Have loss of sensation in the body due to paralysis or leprosy or any other reason; or
10. Have any deformity ofthe body part/s like having a hunch back; or
11. Veryshort statured (dwarf)."
D. The said Census 2011 revealed that in India, 20% of the
disabled persons are having disability in movement, 19%
are with disability in seeing, and another 19% are with
disability in hearing. 8% has multiple disabilities.
Therefore,it is evident from the report of the Government
of India that majority of the differently-abled population Bar & Bench (www.barandbench.com)
@) suffering through disability have disability in movement
followed by disability in seeing and hearing. Many a times,
disability in seeing and hearing may lead to disability in
movement as well. A copy of the relevant portion of the
Report is annexed hereto and marked as Exhibit - "C".
E. It is necessary that an explicit, unequivocal and
comprehensive procedural mechanism are constituted
for the benefit and betterment of disability rights. It is
pertinent to fathomthat human rights of those suffering
through disability cannot be fought for and secured in a
vacuum. It is apparent that the issue of disability is linked
with several other social, economic and political aspects
including those of chronic poverty, gender inequality,
mal-administration and political victimization. This must
be eradicated to create the 'disability right' an actual
reality. As far as planning and policy making process
about lives and complete recognition and implementation
of the human rights of the differently-abled and other
associated rights are concerned, there must be active
inclusion of the disabled people in the same process.
The State must conduct discussion of human rights for
the persons with disabilities in depth, so that benefit can
be availed out of it. As human beings along with access to
and realization of all fundamental and elementary rights,
persons suffering from disability require a safe, secure,
convenient, beneficial and accessible environment which
respects their human dignity. Changing the attitude,
mindset as a society is equally necessary as a particular
negative frame of mind of the society is responsible for Bar & Bench (www.barandbench.com)
such suppression and plight of the persons with disability.
The State must endeavour, as a part of duty, to contribute
to enforce all the laws and policies made forthe persons
with disabilities in proper sense forthe upliftment of their
lives and status. The State must ensure that all human
beings, irrespective of any differences, are participating in
the mainstream of the society.
4.4 INDIA - SIGNATORY TO UNITED NATIONS
CONVENTION ON THE RIGHTS OF PERSONS WITH
DISABILITIES (UNCRPD) - OBLIGATED TO MAKE
INDOOR AND OUTDOOR FACILITIES
A. It is pertinent to note that India is amongst the firstfew
nations to become a signatory of the United Nations
Convention on the Rights of Person with Disabilities
(hereinafter referred as "UNCRPD"). Article 9 of the
Convention imposes obligation on all states to make all
indoor and outdoor facilities such as roads, modes of
transport, hospitals, workplaces, etc. barrier-free.
In addition to this, the convention also imposes a duty on
member states, that all the private organizations whose
facilities are ext�nsively used by the public should
'\. remove all the impediments and barriers for easier
accessibility.
·' . Moreover, the Article of the Convention also requires the
States to train employees working in public places so as
to enable them to meet the necessities of the disabled. The
States are also required to appoint special guides and
assistants forhelping the disabled. Bar & Bench (www.barandbench.com)
For the sake of convenience, the Article 9 of the UNCRPD
is mentioned as under:
"Article 9 Accessibility:
1. To enable persons with disabilities to live independentlyand participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia: a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;
b) Information, communications and other services, including electronic services and emergency services.
2. States Parties shall also take appropriate measures:
a) To develop, promulgate and monitor the implementation of minimum standards and guidelines for the J ,, • > .. accessibilityof facilities and services open .. ·,; . "':····.. . v: ··· or provided to the public;
b) To ensure that private entities that offer facilities and services which are open or Bar & Bench (www.barandbench.com)
provided to the public take into account all aspects of accessibility for persons with disabilities;
c) To provide training for stakeholders on accessibility issues facing persons with disabilities;
d) To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understar.d forms;
e) To provide forms of live assisto ice and intermediaries, including guidf.i, readers and professional sign language interpreters, to facilitate a,:xessibility to buildings and other faciliUes open to the public;
!) To promote other ,:ippropriateforms of assistance and SUfJport to persons with disabilities to e.nsure their access to information;
g) To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet;
h) To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and .�ystems become accessible at minimum cost."
B. India, being a signatory to the Convention which is in
force to ensure the protection of rights of the differently
ablecl, 1.s under obligation to implement the provisions. Bar & Bench (www.barandbench.com)
The State has a moral and legal obligation to ensure equal
access to physical environment, to transportation, to
information and communications, including information
and communications technologies and systems.
Morc·over, emphasis is supplied on identification and
elimination of barriers and obstacles in buildings, roads
and transportation and other indoor or outdoor facilities.
Moreover, the State is obligated to ensure that
appropriate measures are being taken to develop and
monitor the implementation of the Convention. Clause 2
of Article of the Convention also imposes duty on the State
to train its stakeholders on accessibility issues.
Today, there is an obvious lack of immediate and
proper enforcementof these provisions in India which is
a trollbling factor for those who face difficulties in the
regul,ir activities. Therefore, even though the law of the
land promises freedom to move freely anywhere in the
country, barriers in the free accessibility directly snatch
the differently-ablcd from their fundamental right.
4.5 VIOLATION OF ARTICLE 30(1)(C) OF THE UNCRPD
- \i\'lHCH GRANTS SPECIAL SIGNIFICANCE TO EQUAL
ACCESS TO EDUCATION, THEATRES, MUSEUMS,
Cl N EMAS, ETC.
A. Under Article 30 (1) (C) of the Convention, the special
significance accorded by the UNCRPD to equal access to
cduc<1tion by requiring States to make libraries accessible
is reaffirmed. The Article also requires the States to make
free <1t:ccss to pbces for cultural performances, for Bar & Bench (www.barandbench.com)
insu11ce, theatres, museums, cinemas, etc. For the sake of
convenience, Article 30 (1) (C) of the UNCRPD is
mentioned as under:
"Article 30 - Participation in cultural life,
recreation, leisure and sport
1. States. Parties recognize the right of
persons with disabilities to take part on an
equal basis with others in cultural life,and
shall take all appropriate measures to
ensure that persons with disabilities:
(CJ Enjoy access to places for cultural
perjbrmances or services, such as theatres,
museums, cinemas, libraries and tourism
services, and, as far as possible, enjoy
oc:cess to monuments and sites of national
cull'ural importance."
B. The right to participation in cultural, leisure sports
activities, etc. is applicable to all individuals, including
those with disabilities. In reality, however, persons who
are differently abled are often under the want of
opponunities of full ,md absolute participation in the
activities of the cuitural life of the community to which
they c1rc apart of lg1wrance, indifference and fear are the
factors which led the society to deprive the differently
abkd which corncs about through physical and social
bal'l'iers. Several pNsons with disabilities are excluded
fro111 actively pacticlpating in the society as sometimes
the doorways arc· too narrow for wheelchairs or steps Bar & Bench (www.barandbench.com) @ can!10l be mounteJ leading to buildings, buses, trains and
aircraft or telephones and light switches that cannot be
reached or even sanitary facilitiesthat cannot be used.
S11ch barriers exist even though the most of them may
easily be avoided at no great cost by simply meticulous
pla11ning. However, various countries have enacted
legislation and introduced campaigns of public education
to e1·adicate obstacles as the problem remains a crucial
one. The essential services, facilitiesand social actions for
the curbing the impairment, the rehabilitation of
differently ablcd individuals and their integration into
society are closely ,1llached to the mere willingness of the
Government and society, their ability to distribute
resources, income and services to disadvantaged groups.
C. India, who has initiated steps under the obligation of
Universal Declaration of Human Rights, needs to
concentrate on the aspect of participation of the
differently-abled in the cultural life of the community.
Article 27 of the Universal Declaration of Human Rights
confr:rs a general right to take part in cultural life of the
con;11Hmity. ror lhe purpose of convenience text of Article
27 ll:· the Universai Declaration of Human Rights has been
produced hereunder:
"Article 27. (1) Everyone has the right freely to
participal'e in the cultural life of the community,
to enjoy the arts and to share in scientific
advance111:.:nl'and itsbenefits. Bar & Bench (www.barandbench.com)
(2) Eve1yo1:c has the right to the protection of the
moral and nwtcrial interests resulting from any
scientific, literwy or artistic production of which he is
I he outhor."
P,iragraph 1 relates to the enjoyment of rights and may
be construed c1s prescribing both group rights and
individual rights. Culture is elementary to identity and
essc!llial for a hu111an being to live a dignified life.
Fath·c,ming the connection between cultural rights and
hunu11 rights is thus a sine qua non for safeguarding and
e11cdt1raging the culture and the rights of people.
4.6 COMPLETE DISPEGARDTOWARDS THE ORDER OF
THE HON'BLE SUPR[�ME COURT OF INDI A- IN JU STIC E
SUNl'�NDA BHAND/�RE FOUNDATION V. UN ION OF
INDL'\
A. Tl1e Supreme Coi.ilt of India has, in Justice Sunanda
Bhu11dure Foundutio11 v. Union of India (Writ Petition No.
1 ·1 (i :;I' l 99B) given cl t rections to the Central Government,
St:11c Governments c:nd Union Territories to implement
the provisions of tLc Persons with Disabilities (Equal
Or,ponunities,Protect ion of Rights and Full Participation)
At:l. l lJ•JS by the encl of 2014. (Emphasis supplied).
The relevant ponion of the Judgment is produced
"Be tt1at as it may,the beneficial provisions
of the 1995 Act cannot be allowed to
rem£.in only on paper for years and Bar & Bench (www.barandbench.com)
therehy defeating the verypurpose of such
law one/ legislative policy. The Union,
States, Union Territories and all those
upon whom obligation has been cast
under the 1995 Act have to effectively
implement it As a matter of fact, the role
of the governments in the matter such as
this has to be proactive. In the matters of
providing relief to those who are
differently abled, the approach and
attitude of the executive must be liberal
and relief oriented and not obstructive or
letha,:c;ic.A little concern forthis class who
are d,j}<1rent!y abled can do wonders in
their life and help them stand on their own
and 11ol remain on mercy of others. A
welfareState, that India is, must accord its
best und special attention to a section of
. our society which comprises of differently
abled cWzens. This is true equality and
effective conferment of equal opportunity.
Tlte Hon'ble Apex Court expressed the concern fornon
implementation of the.' 1995 Act as by stating that:
"More than 18 years have passed since the
19951\ct came to be passed and yet we are
confronted with the problem of
implementation of the 1995 Act in its
letter ond spirit by the Union, States, Union Bar & Bench (www.barandbench.com)
Territories and other establishments to
which it is made applicable."
The directions were issued by the Hon'ble Supreme
Cou1; to the Central Government, State Governments and
Unioi1 Territories in the f'ollowing words:
"We, accordingly, direct the Central
Government, State Governments and
Union Territories to implement the
provisions of the 1995 Act immediately
and Jiositively by the end of 2014."
(Empi,asis supplied).
I !L-;Lrnctions were also given to the Secretary, Ministry
of vV,·lf'are, Governme?1l of India, the Chief Secretaries of
the Sr;1tes, the administrators of Union Territories, the
Chk:: Commissioner or the Union of India and the
Co111r,1issioners of the State Governments and Union
Tcr:; ·.ories. A copy of the said judgment dated 26.03.2014
is a,1;1r:)xed hereto and marked as Exhibit- "D"
B. ·: :,l! Hon'ble Apex Court, through the order dated
25.tH.2017 in the Interlocutory Application 10/2015,
dirL',:t•Jd the State Gov(•:-nmcnt to take immediate steps to
con,_.!y with the requi: ernents of the Rights of Persons
wit:1 :�isabilityAct, The Supreme Court directed the /. zo·i (;_ �/(.� ,• Stcilt C:overnments, Uniun Territories to file a compliance
.... • � - ' ! re ),;. ;_ within a period of twelve weeks. A copy of the .. - 1 jud}-..: :l�llt of the Hon'bL· Supreme Court dated 25.04.2017
<···... �:( is c1 �1:l'xedhereto and ;,1Jrked as Exhibit- "E" ' ..... � Bar & Bench (www.barandbench.com) @ On the next date, a few states filed the affidavit-cum
compliance report viz. the State of Mizoram, Union
Territory of Pudduchery, Kerala, Tamil Nadu, Bihar, West
Bengal, Andaman & Nicobar Islands, Karnataka, NCT of
Delhi, Meghalaya. On the same day, the Hon'ble Supreme
Court allowed a period of six weeks to the remaining
states and union territories for filing the affidavit-cum
compliance report. A copy of the order of the Supreme
Court dated 18.08.2017 is hereto annexed and marked as
Exhibit- "F".
The Hon'ble Supreme Court through order dated
25.01.2018, passed another order asking all the states
and union territories to comply with all the requirements
and provided the time of three months. A copy of the
order dated 25.01.2018 is annexed hereto and marked as
Exhibit- "G".
C. Even though The Right to Persons with Disabilities Act,
2016 has now substituted The Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995, no compliance was made by the
Government of Maharashtra with the direction given by
the Hon'ble Supreme Court in the said case as there are
still numerous establishments which are placing the right
to live with dignity, right to be free from discrimination
and other essential rights of the differently-abled
individuals on the edge of a cliff. Bar & Bench (www.barandbench.com) ® 4.7 RIGHT TO FREEDOM OF SPEECH AND EXPRESSION
OF THE DIFFERENTLY-ABLED - IS VIOLATED DUE TO
NON-IMPLEMENTATION OF RULES AND LAWS:
A. India is the world's largest democracy. The
Constitution of India, the law of the land provides for a
democratic system. The Preamble . to the Constitution
explicitly states that India is constituted into a
'Democratic' State. In other words, the authority of the
government depends ori the sovereignty of the people.
Every citizen in the country therefore enjoys equal
political rights. Due to the power which these rights
conferon every individual, people freelyparticipate in the
process of politics and elect the government. Under the
democratic system of the country, free, fair and regular
elections are held for the election of the desirable
governments. For all its activities, the government of
India is responsible before the people and these people
have the power to change their government through
elections. No government can remain in power which
does not enjoy the confidenceof the people.
Therefore, it is extremely important to ensure that
every adult citizen of the country is included in the
process and decision of electing a desirable government, ---<�i,RYr-- 4s.-.-,. -��t irrespective of his physical disabilities. Often it is seen �Q , r' ����� cf; '�.... t:'t. t ·, � "',.\l .-:.� ) . that there are physical handicapped voters who show :, ;?', l 1t!J . � ' il'-;' .e;� )«!Co \, � \ �::ii·fl· t-::: ...r"··.�;,,. �tir:'1·· ·· l-._ )'T/: their intention and willingness to cast their vote, but they . Go"<''". .1<'� failto performtheir right an d one f h o t e reasons &,or sue h ?, J;i.-·•• -i("�.}�')i-#;··· failure is absence of wheelchair-friendly ramps on the
polling booth. The plight of the differently-abled is Bar & Bench (www.barandbench.com)
ignored so blatantly that one of the most important rights
of every citizen including people suffering from
disablement remains unnoticed.
B. In Disabled RightsGroup v. Chief Election Commissioner
and Anr. (Writ Petition Civil No. 187 of 2004), a letter was
addressed to the Hon'ble Supreme Court by the Disabled
Rights Group which was then registered as a writ petition.
In the same letter, the petitioner referredthe need for (a)
wooden ramps at polling stations to enable disabled
persons to have an easy access; (b) the numbers in the
electronic voting machines (EVMs) being written in
Braille to enable visually impaired voters to feel the
numbers and press an appropriate button to cast the vote;
( c) separate queues and special arrangements forpersons
with disability at polling stations; and ( d) the polling
station personnel to be courteous and render necessary
assistance to enable persons with disability to exercise
their franchise with least inconvenience. Pertaining to
this, the Election Commission of India stated that
directions shall be issued in this behalf.
On 26th October 2007 the Election Commission of India
issued directions to the Chief Electoral Offices of all the
states and Union Territories for providing necessary
facilities to the electors with disabilities. A copy of the
directions of the Election Commission is annexed hereto ·' .. ·:·: ' I . I • • • • and marked as Exhibit- "H". The relevant portion of the ·-\ � �. i,� :·.' .. · . • .: \�.. t.'.... '· . .. ·•··. ,, . instructions is produced as under: ·. . ,' .··... �·,. ( .,. -�,.-�_;!;_·� �.'. Bar & Bench (www.barandbench.com)
"1. The personnel at the polling station to ensure
that physically challenged electors are given
priority for entering the polling station, without
having to wait in the queue for other electorsand
all necessary assistance as may be required
should be providedto them at the polling station.
2. Full facilityshould be provided for such electors
to take their wheel- chair inside the polling
station. In the polling stations where permanent
rampshave not been provided, temporary ramps
should be provided as per the order dated 19th
April, 2004, of the Hon'ble Supreme Court in the
above-mentioned petition (copy enclosed).
3. The polling personnel should be specifically
briefed about the provisions of Rule 49N ofthe
Conduct of Elections Rules, 1961, which provides
for permitting a companion to accompany a
blind/infirm elector to assist him/her to cast the
vote.
4. At the training classes for the polling personnel,
they should be sensitized about the special needs
ofthe disabled, for courteous behavior towards
them and for providing necessary support to
them at the polling station. 5. Electors with
speech and hearing impairment should also be
given special care as in the case of other disabled
persons." Bar & Bench (www.barandbench.com)
Considering the instructions of the Election
Commission, it is necessary to monitor the existing state
of affairsand complying with all the conditions put forth
by the Election Commission is a mission that every polling
booth has to undertake.
C. Right to cast vote carries a huge amount of significance
as the pillar of democracy is built and maintained on it.
Every citizen of the Country is armed with right to vote
which is an integral part of right to freedom of speech and
expressions. The Hon'ble Supreme Court has stated the
importance of right to vote in Virendra v. State of Punjab
AIR 1957 SC 896 (para 8). The Hon'ble Supreme Court
held that:
"There is and can be no dispute that the right to
freedom of speech and expression carries with it
the right to propagate and circulate one's views
and opinions subject to reasonable restrictions."
It is true that right to vote is nothing but circulation of
one's views and opinions. By simply not making amenities
forthe differently-abled those individuals are deprived of
right to freedomof speech and expression.
Moreover, the Hon'ble Supreme Court has in a
landmark judgment Sakal Papers[P.J Ltd. v. Union of India
AIR 1962 SC 305 (para 42) linked the right to vote with I, .. ., . • � 'V; , : ' I_ • \\ . . . �: �,1 .. . � ;. . , .. i;t right to freedom of speech and expression and opined • l':....J-·. 1 :,!i}j that: Bar & Bench (www.barandbench.com)
"Thefreedom ofspeech and expression ofopinion
is of paramount importance under a legislatures
and Governmentsand must be preserved."
Therefore, it may be seen that ignorance towards
installation of ramps on the polling booth during the time
of election directly decimates the basic right of every
citizen to cast vote, which is a serious injury to a citizen in
a democratic institution.
4.8 EXISTING DISCRIMINATION - CONTRAVENES
RIGHT TO LEAD DIGNIFIED LIFE - GUARANTEED
UNDER ARTICLE 21 OF THE CONSTITUTION OF INDIA:
A. The Constitution of India guarantees right to life and
personal liberty and such right cannot be curtailed
without due process of law. Article 21 of the Constitution
of India states that:
"21- No person shall be deprived ofhis life or
personal liberty except according to a procedure
established by law"
It is a known fact that right to live with dignity is
mandated under Article 21 of the Constitution. It is an
umbrella right and it embraces various other rights that
enable life to be led with dignity. The Hon'ble Apex Court
in Francis Coralie Mullin v. Administrator, Union Territory
of Delhi & Ors. (1981) sec1 608, has held that:
"The fundamental right to life which is the most
precious human right and which forms the ark of
all other rights must, therefore, be interpreted in Bar & Bench (www.barandbench.com)
a broad and expansive spirit so as to invest it with
significance and vitality which may endure for
years to come and enhance the dignity of the
individual and the worth of human person."
In the same landmark judgment, the Hon'ble Supreme
Court has considered right to dignity as an inseparable
aspect of right to lifeby stating that:
"Every act which offends against or impairs
human indignity would constitute deprivation
pro tanto of this right to live." (Para 6)
Complete understanding of right to life carries greater
significance in respect of persons with any physical
impairments, who require a bigger number of
compensative skill increasing facilities to deal with their
regular lives without going through the humiliation of
being generally perceived as someone who is dependent
and helpless.
B. The Supreme Court has discussed the vitality of the
accessibility issue in State of Himachal Pradesh and Anr.
Umed Ram Sharma & Ors. (1986) 2 sec 68 in length. The
Supreme Court has held that Article 21 of the Constitution
of India is broad enough to include right to accessibility.
Relevant paragraph of the judgment is produced
hereunder:
"Read in the background of the directive principles as contained in Article 38(2) of the Constitution access to lifeshould be an obligation of the State but it is primarily within the domain Bar & Bench (www.barandbench.com)
of the legislature and the executive to decide the priorityas well as to determine the urgency"
"... Every person is entitled to life as enjoined in article 21 of the Constitution and in the facts of this case read in conjunction with article 19(1)( d) of the Constitution and in the background of article 38(2) of the Constitution everyperson has right under . Article 19(1)( d) to move freely throughout the territoryof India and he has also the right under article 21 to his lifeand that right under article 21 embraces not only physical existence of life but the quality of life and for residentsof hillyareas, access to road is access to lifeitself
But the question which arises is whether the right to life is limited only to protection of limb or facultyor does it go further and embrace something more. We think that the right to life includes the right to live with human dignityand all that goes along with it, namely, the bare necessaries of life such as adequate nutrition, clothing and shelter and facilities for reading, writing and expressing one-selfin diverse forms, freelymoving about and mixing and commingling with fellow human beings.
Denial of that right would be denial of the life as understood in its richness and fullness by the ambit of the Constitution. To the residentsof the hilly areas as far as feasible and possible society has constitutional obligation to provide roads for communication ... "
This right to dignity i.e. right to be free from
discrimination which our Constitution guarantees for
every citizen, needs to be applied with much more
strength in case of persons with disability and, therefore,
it becomes necessary to make provisions for such Bar & Bench (www.barandbench.com)
facilities so that these aggrieved persons also are able to
enjoy life to the full extent, as they have a major
contribution to the progress of the nation, if not, at least
they have a right to make attempts forsuch contribution.
In the recent judgment in Jeeja Ghosh & Anr. v. Union of
India & Ors. (2016) 7 sec 761, these exact factors were
emphasized by the Hon'ble Supreme Court in the
followingmanner:
"37. The rights that are guaranteed to differently-abled persons under the 1995 Act, are founded on the sound principle of human dignitywhich is the core value ofhuman right and is treated as a significantfacet of right to life and liberty. Such a right, now treated as human right ofthe persons who are disabled, has it roots in Article 21 ofthe Constitution.
43. All these rights conferred upon such persons send an eloquent messagethat there is no question of sympathising with such persons and extending them medical or other help. What is to be borne in mind is that they are also human beings and theyhave to grow as normal personsand are to be extended all facilitiesin this behalf Thesubject of the rightsof persons with disabilities should be approached from human rights perspective, which recognised that person� with disabilities were entitled to enjoy the full range of internationally guaranteed rights and freedoms without discrimination on the ground of disability. This creates an obligation on the part of the State to take positive measures to ensure that in reality persons with disabilities get enabled to exercise those rights. There
··. ·\ should be insistenceon the fullmeasure of general human . ") .. \ " '·, /· ',\\ ·. ,,,· "''� rightsguarantees in the case of persons with disabilities, as ...• .' �--� . . (?'( :-� ;:_-.< .. well as developing specificinstruments that refineand give \.·.·. •,..'l.. ./.. , . ·"\ detailed contextual content of those general guarantees. ···-��-,:::;::!'::·\,_._.· There should be a full recognition ofthe fact that persons with disability were integral part ofthe community, equal Bar & Bench (www.barandbench.com)
in dignityand entitled to enjoy the same human rightsand freedoms as others. It is a sad commentary that this perception has not sunk in the mind and souls of those who are not concerned with the enforcement of these rights. The persons suffering from mental or physical disability experience and encounter nonpareil form of discrimination. They are not looked down by people. However, they are not accepted in the mainstream either even when people sympathise with them. Most common, their lives are handicapped by social, cultural and attitudinal barriers which hamper their full participation and enjoyment of equal rights and opportunities. This is the worst form of discrimination which the disabled feel as their grievance is that others do not understand them."
This right to live with dignity and free from
discrimination on physical disabilities arrives from
various international covenants to which India is a
signatory and it has been recognised as a Constitutional
right in India as well. There cannot be any dispute about
the rights of the differently- abled persons, particularly
those who are physically challenged when it comes to
providing adequate access to all the amenities and
facilities on the road and convenience in the matter of
access to transport facilities etc. Movement of such
individuals may be impaired if no such facilities are
provided and such impairment may be treated as an
infringement of their fundamental rights under Article
19(1)(d) of the Constitution of India which is guaranteed ' . to each and every citizen of India. In order to make sure
that the differently abled individuals are exercising this
· ..:..· . ' · right properly, the State and the public authorities are "'·':.::.._ :,,. · _; under duty to set up adequate and appropriate norms in
respect of the facilitiesin the sphere ofland, air and water. Bar & Bench (www.barandbench.com)
Individuals with physical disability illustrate the
unshielded and helpless segment of the society as another
fact goes unnoticed in such cases is that a larger amount
of premium on insurance policies is charged by the
insurance companies as compared to the other persons.
4.9 CONTRAVENTION OF PROVISIONS OF THE
PERSONS WITH DISABILITIES (EQUAL
OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL
PARTICIPATION) ACT, 1995
A. The Persons With Disabilities (Equal Opportunities,
Protection of Rights And Full Participation) Act, 1995
(hereinafter,"The Disability Act, 1995) was introduced by
the Parliament to give effect to the Proclamation on the
Full Participation and Equality of the People with
Disabilities in the Asian and Pacific Region held at Beijing
and the said legislation concentrated on an extremely
important feature, which is creation of a barrier-free
environment. The first in the statement of objects and
reasons is:
a) To spell out the responsibility of the State towards the
prevention of disabilities, and
b) To create a barrier freeenvironment for Persons with .. ·' Disabilities. ,. '· -· . .-.. . • l ..•.'' . ;·,fIf , t:· · ..... ; The Disability Act contains Chapter VIII, called "Non \ .� ..·; ,t•:. '·:. '· .. , •• Discrimination" which focuseson providing persons with \·,.-.; ; · . '·.. .. .: t •. '··...... , disabilities with a non-handicapping environment to
make sure that they receive equal opportunities and full
------. -- - Bar & Bench (www.barandbench.com)
participation in alJ factors of life, including social,
economic, political and cultural, as well as the other
citizens.
B. In the Disability Act, Section 44 makes it mandatory for
the establishment in transport sector to take special
measures so that differently-abledmay be enabled to step
out of their house and enjoy the right to live a peacefullife
just like any other individual. The transport sector, under
this provision, is obligated to take measures to adapt rail
compartments, buses, and other vehicles of transport for
easy access of the physically challenged individuals.
Moreover, the authorities cannot ignore their duty, under
this section, of providing wheelchair-friendly toilets in
these transport vehicles. For the purpose of convenience,
Section 44 is provided hereunder:
"44. Establishmentsin the transport sector shall, within the limits of their economic capacity and development for the benefit ·-- of persons with disabilities, take special / measures to
--� I \,_. I -· . I (a) Adapt rail compartments, buses, ( ' � :. ( vessels and aircrafts in such a way as to ( permit easyaccess to such persons;
(;... I •· \'(:. '- (b) Adapt toilets in rail compartments, • :" ;; Under Section 44 establishments in the transport sector are required to design rail compartments, buses, etc. in such a way as to promote easy access to disabled persons. Bar & Bench (www.barandbench.com) C. It is absolutely pertinent to note that the Disability Act, 1995 has now been repealed by the Right of Persons with Disabilities Act, 2016 (hereinafter, the Disability Act, 2016) w.e.f. 19thApril 2017. Therefore, the provisions of the Disability Act, 1995 are not in force. However, when the Disability Act, 1995 was in force before the Disability Act, 2016, the then-existing provisions were given the least importance and the ignorance towards the Disability Act, 1995 was apparent. The Hon'ble Supreme Court criticized and condemned the conduct on the part of the government machinery considering its failure in implementation of the provisions. The Hon'ble Supreme Court injustice Sunanda Bhandare Foundation v. Union of India (Writ Petition No. 116 of 1998) has issued directions to the Central Government, State Governments and Union Territories to implement the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 by the end of 2014. (Emphasis supplied), which have clearly not been complied with by various establishments in the State of Maharashtra. D. The Disability Act, 1995, under Section 45(b) makes a provision that the appropriate government is bound to take necessary measures for non-discrimination. Under the said provisions the appropriate government is under obligation to provide for making curb cuts and slopes in pavements for the easy access to wheelchair users. For the purpose of convenience, the text of the provision is provided hereunder: ------Bar & Bench (www.barandbench.com) "45. The appropriate Governmentsand the local authorities shall, within the limitsof their economic capacity and development Provide for (b) Causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users" Section 45 provides for installation of signals at traffic lights on public roads, kerb cuts, and slopes to be made in pavements, engravings on edges of railways platforms, designing appropriate symbols of disability and warning signals at appropriate places. E. In furtherance of this, Section 46(A) and (D) of the Disability Act, 1995 laid down on the Appropriate Government to provide ramps in public buildings, hospitals, primary health centres and rehabilitation institutions. For the purpose of convenience, the text of Section 46(A) and (D) is produced hereunder: "46. The appropriate Governmentsand the local authorities shall, within the limits of their economic capacityand development, provide for- (a) Ramps in public buildings; (d) Ramps in hospitals, primary health centers and other medical care and rehabilitation institutions." The appropriate governments and local authorities are directed to provide for ramps, Braille symbols and auditory signals in elevators in hospitals, primary health Bar & Bench (www.barandbench.com) @ centres and other medical care and rehabilitation institutes, under Section 46 of the Disability Act, 199 5. 4.10 GUIDELINES BY CENTRAL PUBLIC WORKS DEPARTMENT MINISTRY OF URBAN AFFAIRS AND EMPLOYMENT IN INDIA - NOT BEING FOLLOWED A. As stated above already, the main objective of the Disabilities Act, 1995 was to generate barrier free environment for people with disabilities and to make special provisions for the integration of persons with disabilities into the social mainstream. Sections 44 to 46 provide fornon-discrimination in the transport sector on the roads and in the built environment. It imposes duty upon the governments and local authorities to make sure that installation of auditory signals at red lights in the public road is done efficiently, within their economic capacity forthe benefit of persons with visual handicaps, kerbs and slopes to be made in pavements for the easy access of wheel chair users, introducing adequate symbols of disability and warning signals at necessary places. In order to generate a barrier free environment while conforming with the provisions of the Act, the competent authorities need to undertake the process of modifyingthe existing building bye-laws which would be applicable to all buildings and facilitiesused by the public. B. The Central Public Works Department, Ministry of Urban Affairs an Employment in India has issued guidelines for ensuring barrier-free environment in the year 1998. The primary aim of the report prepared was to - - . ------Bar & Bench (www.barandbench.com) frame guidelines for non-ambulant ( chair bound), semi ambulant (lower limb impairments), visual, and hearing disabled persons. It is laid down in the report that through these guidelines the construction and maintenance standard should be essentially complied with in all categories of buildings and facilitiesused by the public for making it easier forphysically disabled individuals. C. The report laying down the guidelines by the Central Public Works Department, Ministry of Urban Affairs and Employment is annexed hereto and marked as Exhibit - 4.11 CONTRAVENTION OF RULES OF THE NOTIFICATION PRESCRIBED BY THE MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT - UNDER SECTION 40 OF THE RIGHT OF PERSONS WITH DISABILITIES ACT, 2016 - WHEREBY THE HEAD OF THE ESTABLISHMENT IS REQUIRED TO ENSURE THAT THERE IS NO DISCRIMINATION ON THE GROUNDS OF DISABILITY: A. According to Section 40 of the Disability Act, 2016, the Government has prescribed rules through notification dated 15.06.2017, a copy of which has been annexed hereto and marked as Exhibit- "J" Under the said notification, Chapter II deals with rights and entitlements and Rule 3 of Chapter II points out the duty of the head of the establishment to ensure that there is no discrimination on the ground of disability. Rule 3 specifies that: Bar & Bench (www.barandbench.com) (ij) "3. Establishment not to discriminate on the ground of disability. (1) The head of the establishment shall ensure that the provision of sub-section (3) of section 3 of the Act are not misused to deny any right or benefit to persons with disabilities covered under the Act (2) If the head of the Government establishment or a private establishment employing twenty or more persons receives a complaint from an aggrieved person regarding discrimination on the ground of disability, he shall (a) initiate action in accordance with the provisions of the Act; or (b) inform the aggrieved person in writing as to how the impugned act or omission is a proportionate means of achieving a legitimate aim. (3) If the aggrieved person submits a complaint to the Chief Commissioner or State Commissioner for Persons with Disabilities, as the case may be, the complaint shall be disposed of within a period of sixty days: Provided that in exceptional cases, the Chief Commissioner or State Commissioner may dispose of such complaint within thirtydays. (4) No establishment shall compel a person with disabilityto partlyor fully pay the costs incurred for reasonable accommodation." It is evident that this provision imposes a lawful duty establishment, if is employing twenty or more than Bar & Bench (www.barandbench.com) twentypersons, to initiate action on receipt of a complaint from the aggrieved person. Moreover, under the same provision, no person with disability may be compelled to pay, fully or partly, the cost for reasonable accommodation. B. The notificationprescribing the rules, under Chapter VI makes a provision dealing with the issue of accessibility. Under Rule 15 of the notification, rules for accessibility are laid down, according to which, every establishment is required to comply with the standards pertaining to physical environment, transport and information and communication technology and the respective Ministries and Departments are under obligation to comply with the standards of accessibilityspecified hereunder. Thus, the text of Rule 15 is produced as under: "15. Rules for Accessibility. - (1) Every establishment shall comply with the following standards relating to physical environment, transport and information and communication technology, namely: - (a) standard for public buildings as specified in the Harmonised Guidelines and Space Standard s for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons as issued by the Government of India, Ministry of Urban Development in March 2016; (b) standard for Bus Body Code for transportation system as specified in the notification of the Government of India in the Ministry of Road Transport and Bar & Bench (www.barandbench.com) Highways, vide number G.S.R. 895(£), dated the 20th September 2016; (c) Information and Communication Technology (i) website standard as specified in the guidelines for Indian Government websites, as adopted by Department of Administrative Reforms and Public Grievances, Government of India; (ii) documents to be placed on websites shall be in Electronic Publication (ePUB) or Optical Character Reader (OCR) based pd/ format: Provided that the standard of accessibilityin respect of other services and facilities shall be specified by the Central Governmentwithin a period of six months from the date of notificationof these rules. (2) The respective Ministries and Departments shall ensure compliance of the standards of accessibility specified under this rule through the concerned domain regulators or otherwise." C. The Central Government is, under Rule 16 of the Notification, bound to review the accessibility standards mentioned considering the new, latest and enhanced scientificknowledge and technology. Rule 16 is produced hereunder forthe purpose of convenience: "16. Review ofAccessibility Standards. TheCentral Government shall review from time to time the accessibility standards notified based on the latest scientific knowledge and technology." ,_· Ii.Considering the existing state of affairs,there seems no .. ..·- ·-- conformityon the part of the appropriate government or local government or any authority competent to act in this Bar & Bench (www.barandbench.com) effect. In today's scenario, in a metropolitan city like Mumbai, the differently-abled struggle every day due to lack of necessary facilities so that the standard of living may be placed on a higher ground. 5.0 MISCELLANEOUS: 5.1 The petitioners affirmthat, they have not moved any other application on alike cause of action before this Hon'ble Court or any other Court of Law. 5.2 That, the inaction of the Respondents is arbitrary and without any just excuse and thereforefundamental rights of the differently-abled are constantly being violated. 5.3 That petitioners have no other efficacious remedy except to approach this Hon'ble Court by way of this Public Interest Litigation under Art. 226 of the Constitution of India as the entire cause of action has arisen within the jurisdiction of the Hon'ble Court which, therefore, is competent to entertain this Petition. 5.4 The Petitioners have not filed any other petition on the same subject matter either in Supreme Court, any other Court of Law or in this Hon'ble High Court except this present petition. 5.5 The Petitioners humbly submit that there has been no delay in filing the present petition as the wrong sustains and there is a continuous cause of action. 5.6 The Petitioners would rely on such documents which have been annexed and mentioned in the Index. Bar & Bench (www.barandbench.com) 5. 7 The Petitioners reserve right to amend, add, modify or to rescind any contents of this petition if so required in the interest of justice. 5.8 The petitioners herein have no personal gain, private motive or oblique reason in filing the present public interest litigation. The petitioners herein undertake to pay cost as ordered by the court, if it is ultimately held that the petition is frivolous or has been filed for extraneous consideration or that it lacks bona fide. 5.9 SOURCE OF INFORMATION: The Petitioners submit that they have obtained the information from the internet. Moreover, the Petitioners have personally visited the places which lack the proper facilities for the differently-abled individuals and have managed to click photographs of those places. 5.10 The Petitioners humbly submit that they have not received any notice of caveat from any of the Respondents in this matter. 5.11 The Petitioner submits that the prescribed court fees have been paid. 6.0 PRAYERS: In view of the facts and circumstances mentioned above and the grounds urged, the Petitioner humbly prays that the Hon'ble Court be pleased: a) To issue specificguidelines which may be strictly adhered to forthe convenience and full accessibility of the persons suffering from disability in movement, till all the Bar & Bench (www.barandbench.com) ® requirements under The Rights of Persons with Disabilities Act, 2016 are complied with by the State of Maharashtra. b) To issue directions to the Respondents, public and private establishments within the territory of Maharashtra regarding installation of wheelchair-friendly ramps and toilets within a period of three months from the date of disposal of the petition. c) To issue directions to the Government of State of Maharashtra to make the public transport easily accessible for the persons suffering from disability in movement. d) To direct State Government of Maharashtra to file the compliance report before the Hon'ble Supreme Court of India without any unnecessary delay. e) To impose a penalty on those establishments who would failto comply with the directions of this Hon'ble Court, the Supreme Court or any other Court of law which are in the interest of justice and dignity. f) To direct the State Government of Maharashtra to filethe status report fromtime to time and / or as soon as a step towards the advancement of the persons with disabilities in respect of free accessibility is taken, in the form of affidavitsby bringing to the attention of the Hon'ble Court Bar & Bench (www.barandbench.com) @ various measures which the state government has taken to fulfill its Constitutional and statutory obligations. g) To direct the state government of Maharashtra to allot and reserve a considerable amount of expenses for the benefit of the people suffering from disability in movement, as it shall increase the economic capacity of the government. h) To direct Respondent No. 4 to monitor the utilization of fundsdisbursed by the State Government for the benefit of the persons with disabilities and ensure proper implementation of the provisions of the Right of Persons with Disabilities Act, 2016. i) To direct the government of Maharashtra to introduce wheelchairs and mobility scooters at every public place. j) To direct the Respondent No. 1 and 2 to introduce a new 24-hour emergency helpline number for those suffering from disability in movement. k) To direct the State Government of Maharashtra not to i permit the new construction of any government • fti . establishment which is not in conformity with the standards and norms laid down under the provisions mentioned above, and in case if the Government establishment has been demolished for the purpose of reconstruction, the new establishment may be directed to ------Bar & Bench (www.barandbench.com) @ comply with the required standards and norms mentioned above. l) To train its employees to handle and deal with the issues of the differently-abledindividuals. m) To issue directions to those establishments which are currently under construction to comply with the required standards and norms laid down under the provisions mentioned above. n) To appoint a Board formonitoring the strict adherence to the directions. o) To grant any other relief as this Hon'ble Court may deem fitin the interest of justice, equity and good conscience. AND FOR WHICH ACT OF KINDNESS THE PETITIONERS SHALL AND EVER PRAY. PLACE: MUMBAI DATE: .·•.. Bar & Bench (www.barandbench.com) @ VERIFICATION I, Nisha Jamvwal. Petitioner No. 1 above-named, having a place of residence as mentioned above, and I, Abha Singh, Petitioner No. 2 above named, having a place of residence as mentioned above, do hereby state and solemnly declare that what is stated in present petition is true to my own knowledge, information and belief and I believe the same to be true and that nothing material has been concealed therein. Solemnly declared at Mumbai ) \JI";: On this\ 1-dayof April 2018 ) Petitioner No. 1 Petitioner No. 2 � ME Advocate for the Petitioner 11/li :1 Before me, � �\HAJ.. TER MUM�t· -11\WT • av. GREA-·.. . 1 2 APR .2Q18 Powered by TCPDF (www.tcpdf.org)