The Madras High Court on Wednesday reminded the State government that all buses procured by it in future should be disabled-abled friendly and it would not be suffice to purchase only a certain percentage of such buses.
Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy also directed the State government to file a counter affidavit by July 22 indicating the remedial measures it had taken to ensure that the existing buses were also made accessible to the disabled.
The orders were passed on a writ petition filed by cross disability rights advocate Vaishnavi Jayakumar. She had challenged a Government Order (GO) issued on February 24 this year for introduction of only 10% of low floor buses and 25% of buses fitted with lift mechanism or any other suitable mode, to provide easy access to wheelchair bound passengers, out of total buses to be procured for Metropolitan Transport Corporation (Chennai) Limited.
The petitioner had contended that the GO violates Section 41 of the Rights of Persons with Disabilities Act of 2016. The legislation requires the State government to take suitable measures to provide facilities for persons with disabilities at bus stops, railway stations and airports and also access to all modes of transport by even retrofitting old modes of transport wherever it was technically feasible.
She said the GO for introducing only 10% of low floor buses and those with lift mechanism was also in violation of Articles 14 (equality before law) and 21 (right to life) of the Constitution. “The GO is an arbitrary exercise of power by the State. It is not only in complete violation of the rights of persons with disabilities but also contumacious, since it violates several judicial orders,” she said.
The court had clubbed this PIL with two other connected cases pending in the court since 2005 and 2007.
