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Supreme Court of India 2024-11-08 disposed

Rajive Raturi vs Union of India & Ors

Bench: 3 — Dhananjaya Y Chandrachud, J. B. Pardiwala, Manoj Misra

In Brief

The Supreme Court addressed a 2005 petition seeking accessible public spaces for persons with disabilities. After appointing NALSAR University to assess compliance with a 2017 judgment, the Court found that Rule 15 of the Disabilities Rules, 2017—which prescribes accessibility standards—contains only recommendatory guidelines disguised as mandatory rules. These guidelines use discretionary language ('may', 'recommend') and lack enforceability mechanisms. The Court held Rule 15 ultra vires the parent statute, which mandates non-negotiable accessibility rules with consequences for non-compliance. The Union Government was directed to delineate truly mandatory rules within three months, applying universal design principles across all disability types. The judgment emphasizes accessibility as a human right prerequisite for equality and substantive participation in society.

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Disability Rights Constitutional Law Administrative Law Accessibility Standards Human Rights Public Interest Litigation Social Justice Delegated Legislation Statutory Interpretation

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