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In the High Court of Judicature of Bombay

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In the High Court of Judicature of Bombay Bar & Bench (www.barandbench.com) A 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 the matterof: 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
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