New Delhi, Nov 5 — The Supreme Court on Thursday issued notice on a Public Interest Litigation (PIL) seeking directions to ensure mandatory barrier-free accessibility in residential buildings, apartment complexes, and group housing developments across the country under the Rights of Persons with Disabilities Act, 2016.
A bench of Justices Vikram Nath and Aparesh Kumar Singh issued notice to the Centre, the Ministry of Housing and Urban Affairs (MoHUA) and the Ministry of Rural Development, making it returnable in four weeks.
During the hearing, counsel appearing for the petitioner submitted that accessibility-related issues were already being considered by the Supreme Court in other proceedings, though the specific issue concerning residential buildings was not part of them, and urged it to tag the matter with the pending proceedings to ensure careful consideration, observing that otherwise, "the issues may be dealt with in a piecemeal manner".
Allowing the request, the Justice Vikram Nath-led Bench said: "Alright, tag it with W.P.(C) No. 243 / 2005."
The petition, filed through advocate Ashutosh Senger, has highlighted the continued failure of authorities to ensure barrier-free access in residential buildings and their common-use facilities despite the statutory mandate under the 2016 Act.
The plea contends that accessibility is a mandatory statutory obligation and not merely an aspirational objective, stating that Sections 40 and 44 of the RPwD Act require the formulation and enforcement of accessibility standards and prohibit the grant of building permissions, completion certificates and occupation certificates unless the prescribed requirements are met.
It further relies on Section 2(x) of the RPwD Act, which expressly includes "housing" within the definition of public facilities and services, to argue that accessibility requirements must extend to residential buildings as well.
Highlighting the difficulties faced by persons with disabilities, the petition said inaccessible designs often prevent them from independently accessing and using their own homes.
"Narrow doorways, inaccessible bathrooms and toilets, and inadequate circulation spaces often prevent wheelchair users and other persons with disabilities from independently entering, moving within and using their own homes," the plea stated.
It has also flagged inconsistencies in the implementation of accessibility standards across states, submitting that while some states have extended such requirements to residential buildings and apartment complexes, others restrict them to group housing projects or exclude private residential buildings altogether.
Consequently, the extent to which persons with disabilities can access barrier-free housing depends on the development control regulations applicable in the particular state, rather than a uniform national framework, the plea contended.
The petition also referred to the Pradhan Mantri Awas Yojana-Urban (PMAY-U) 2.0 Operational Guidelines, which require states and Union Territories to make suitable provisions for ramps and other facilities ensuring barrier-free access in housing projects.
It contended that in the absence of mandatory accessibility requirements governing residential construction, the statutory reservation of housing for persons with benchmark disabilities under Section 37 of the RPwD Act risks being rendered ineffective where the allotted dwelling units themselves remain inaccessible.
The plea has sought directions to the Centre and other authorities to ensure compliance with accessibility standards at the planning, design, and construction stages of residential buildings, rather than treating accessibility as an afterthought after construction is completed.