Polity

SC Seeks Centre's Reply on Ensuring Accessibility in Residential Buildings for Disabled Persons

5 November 20262 min1 source4 questionsStory 18 of 134

For Prelims: Rights of Persons with Disabilities Act, 2016, Completion Certificate, PIL (Public Interest Litigation), Nodal Body, Act Involved, Bench Composition, Current Context

For Mains: Universal design, social inclusion, barrier-free environment, reasonable accommodation

Source:HindustanHindustan

Why in the news?

The Supreme Court has issued notice to the Centre and other parties on a petition seeking enforcement of accessibility standards for persons with disabilities in residential buildings across India. The petition argues that no completion certificate should be granted without compliance with the Rights of Persons with Disabilities Act, 2016.

Summary

  • The Supreme Court has sought the Centre's response within four weeks on a petition about accessibility for persons with disabilities in residential buildings.
  • The petition argues that under the Rights of Persons with Disabilities Act, 2016, no establishment can be given a completion certificate without adhering to accessibility standards.
  • The court issued notice on a petition highlighting that residential buildings, apartment complexes and group housing projects lack proper accessibility features, preventing disabled persons from using their homes independently.

Highlights

  • SC Notice on Accessibility

    The Supreme Court issued notice to the Centre and other parties on a petition seeking enforcement of accessibility standards for disabled persons in residential buildings.

  • Core Issue

    Residential buildings, apartments and group housing projects lack proper accessibility features, violating the Rights of Persons with Disabilities Act, 2016.

  • Legal Basis

    The petition argues that under the 2016 Act, no establishment can receive a completion certificate without complying with accessibility standards.

Background

The Rights of Persons with Disabilities Act, 2016, was enacted to give effect to the UN Convention on the Rights of Persons with Disabilities. It mandates accessibility in public and private buildings, transport and services. Despite this, implementation has been poor, especially in residential housing, where builders often ignore accessibility norms.

Key Analysis and Impact

The case directly tests the enforceability of the RPwD Act, 2016. If the court mandates strict compliance for completion certificates, it could force real estate developers to include ramps, wider doorways, accessible toilets and other features. This would significantly improve the quality of life for the estimated 2.68 crore disabled persons in India (Census 2011).

Way Forward

The Centre's response within four weeks will clarify the government's position on enforcement. The court may set a timeline for compliance or direct states to implement accessibility audits. This case could lead to a broader framework for universal access in all new construction projects.

Background GK

Textbook concepts you need to understand this news

Rights of Persons with Disabilities Act, 2016
An Indian law that replaced the Persons with Disabilities Act, 1995. It increases the types of disabilities from 7 to 21, mandates accessibility, provides for reservation in education and employment, and establishes special courts for speedy trials.
Completion Certificate
A certificate issued by the local municipal authority after a building is constructed as per approved plans and complies with all building by-laws. It is essential for obtaining water, electricity and occupancy.
PIL (Public Interest Litigation)
A legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have a pecuniary interest or some interest by which their legal rights or liabilities are affected.

Facts to remember

Tap a card to see the answer. Try to recall it first.

How exams will ask this

  • Data: SC issued notice on accessibility in residential buildings; four weeks given for Centre's response
  • Legal Point: Rights of Persons with Disabilities Act, 2016

Don't make this mistake!

Examiners may swap 'Rights of Persons with Disabilities Act, 2016' with the older 'Persons with Disabilities Act, 1995' or confuse the number of recognised disabilities (21 in 2016 Act vs 7 in 1995 Act).

Write these in mains answers

  • Universal design, social inclusion, barrier-free environment, reasonable accommodation

Stuck? Get it in one tap

Practice questions

Pick an answer, then read the explanation.

  1. Q1Easy

    Which ministry is primarily responsible for implementing the Rights of Persons with Disabilities Act, 2016?

  2. Q2Hard

    Consider the following statements:

    1. 1.The Supreme Court issued notice on a petition seeking accessibility for disabled persons in residential buildings.
    2. 2.The petition argues that the Rights of Persons with Disabilities Act, 1995 mandates accessibility standards.
    3. 3.The court gave the Centre four weeks to respond to the notice.

    Which of the statements given above is/are correct?

  3. Q3Medium

    How much time did the Supreme Court give the Centre to respond to the notice?

  4. Q4Medium

    What is the primary objective of the petition filed in the Supreme Court regarding residential buildings?

Frequently asked questions

1. What did the Supreme Court ask the Centre regarding accessibility in residential buildings?

The Supreme Court issued notice on a petition seeking enforcement of accessibility standards for disabled persons in residential buildings and gave the Centre four weeks to respond.

2. Which Act is cited in the petition about accessibility in residential buildings?

The petition cites the Rights of Persons with Disabilities Act, 2016, which mandates accessibility standards for all establishments.

3. Who heard the petition on accessibility in residential buildings?

Who heard the petition on accessibility in residential buildings?: The petition was heard by a bench of Justices Vikram Nath and Aparesh Kumar Singh of the Supreme Court.

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