Revisiting the Conceptual Terrains of the Right to Accessibility in India: The Role of Judicial Enforcement

Abstract

The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate its constitutional and statutory manifestations. Further, the measures undertaken by the government in the form of policies, guidelines and campaigns to ensure accessibility in the Indian socio-political infrastructure are also assessed. The same is followed by the analysis of significant judicial precedents of the Supreme Court and High Courts on different aspects of the right to accessibility, to demonstrate how the courts have spearheaded various structural enhancements in the accessibility regime in India. The paper is concluded by drawing attention to the need for greater synchronicity in the adjudication and implementation of the principle of accessibility.