RAJIVE RATURI versus UNION OF INDIA & ORS.

RAJIVE RATURI versus UNION OF INDIA & ORS.

Rule 15(1) of the RPWD Rules, in its current form, prescribes expansive recommendatory guidelines under the guise of mandatory rules and is therefore ultra vires the RPWD Act; the Central Government must within three months delineate a non-negotiable baseline of mandatory accessibility rules pursuant to Section 40, and thereafter consequences under Sections 44,45,46 and 89 must be enforced for non-compliance, while progressive implementation of the broader guidelines continues.

Parties
Petitioner: Rajive Raturi; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
08 November 2024
Procedural Posture
Writ Petition (civil) No. 243 of 2005 (under Article 32) / Judgment
Outcome
Directions issued; Rule 15(1) held ultra vires in part and Union directed to delineate mandatory accessibility rules
Legal Topics
Accessibility, Reasonable Accommodation, Universal Design, Delegated Legislation, Rule 15(1) Ultra Vires, Accessible India Campaign, Access to Public Spaces, Enforcement of Accessibility Standards
Disability Law Constitutional Law Human Rights Administrative Law Accessibility Reasonable Accommodation Universal Design Delegated Legislation +4 more

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Parties

Rajive Raturi

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 243 of 2005 (under Article 32) / Judgment

Legal Issues

  1. 1 Whether Rule 15(1) of the Rights of Persons with Disabilities Rules, 2017 is ultra vires the Rights of Persons with Disabilities Act, 2016
  2. 2 Whether the standards/guidelines listed in Rule 15(1) are mandatory and enforceable with consequences under Sections 44,45,46 and 89 of the RPWD Act
  3. 3 Extent of State duty to ensure accessibility (ex-ante duty) and relationship between accessibility and reasonable accommodation

Ratio Decidendi

Rule 15(1) of the RPWD Rules, in its current form, prescribes expansive recommendatory guidelines under the guise of mandatory rules and is therefore ultra vires the RPWD Act; the Central Government must within three months delineate a non-negotiable baseline of mandatory accessibility rules pursuant to Section 40, and thereafter consequences under Sections 44,45,46 and 89 must be enforced for non-compliance, while progressive implementation of the broader guidelines continues.

Court Disposition

Directions issued; Rule 15(1) held ultra vires in part and Union directed to delineate mandatory accessibility rules

Orders

  • Union Government directed to delineate mandatory accessibility rules as required by Section 40 within three months from date of judgment
  • Union Government directed to segregate non-negotiable mandatory rules from the existing recommendatory guidelines in Rule 15 in consultation with stakeholders and involve NALSAR-CDS in the process