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MURUGANANTHAM LINGASAMY (ADVOCATE)     15 June 2012

Accessibility facilities for physically disabled in court.

 

 

If an advocate is having physical disability (i.e.) his mobility is disabled and wishes

to practice in a court of law where the lift facilities are not provided.

Is it possible to make the state arrange the accessibility facilities for him?

What is the procedure to be adopted to file the case if state refuses to provide?

Whether court could order the government to provide the accessibility for the wheel chair users?

Whether the ground based on words “within the economic capacity" in section 46 of PWD ACT, 1995 be claimed by the state to get the protection for not arranging the accessibility facilities?

in such circumstances

in writ petition 

Is it possible to strike down the words "within the economic capacity" in section 46 of PWD ACT, 1995 as it may violate the various fundamental rights enshrined in the constitution of India?

For Reference:

Article 14 to Article 18 of the Part 3 of Indian Constitution Prescribes Right to Equality.

CHAPTER VIII of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Section 46 states

46. Non-discrimination in the built environment - The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for-
ramps in public buildings;
adaptation of toilets for wheel chair users;
braille symbols and auditory signals in elevators or lifts;
ramps in hospitals, primary health centers and other medical care and rehabilitation institutions.

The yellow highlighted words of section 46 whether it is volatile of the Fundamental right provided under Article 14 to Article 18 of the Indian constitution for the below scenario.

 

So what could be the remedy for the advocate who needs to practice in the court even inspite of his difficulties?

 



Learning

 4 Replies

B.K.GUPTA... (ADVISOR)     16 June 2012

 

 

 

If an advocate is having physical disability (i.e.) his mobility is disabled and wishes

to practice in a court of law where the lift facilities are not provided.

Is it possible to make the state arrange the accessibility facilities for him?   YES

What is the procedure to be adopted to file the case if state refuses to provide?-First get refusal from the state and then file writ in High Court

Whether court could order the government to provide the accessibility for the wheel chair users?-YES

Whether the ground based on words “within the economic capacity" in section 46 of PWD ACT, 1995 be claimed by the state to get the protection for not arranging the accessibility facilities?-NO

in such circumstances

in writ petition 

Is it possible to strike down the words "within the economic capacity" in section 46 of PWD ACT, 1995 as it may violate the various fundamental rights enshrined in the constitution of India?-YES

For Reference:

Article 14 to Article 18 of the Part 3 of Indian Constitution Prescribes Right to Equality.

CHAPTER VIII of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Section 46 states

46. Non-discrimination in the built environment - The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for-
ramps in public buildings;
adaptation of toilets for wheel chair users;
braille symbols and auditory signals in elevators or lifts;
ramps in hospitals, primary health centers and other medical care and rehabilitation institutions.

The yellow highlighted words of section 46 whether it is volatile of the Fundamental right provided under Article 14 to Article 18 of the Indian constitution for the below scenario.

 

So what could be the remedy for the advocate who needs to practice in the court even inspite of his difficulties? 

I have answered to your queries against each question you have put.

In which state you reside and in which court you want to appear?

First get refusal from the Govt.

Then file writ in the High Court of your state if facilities do not exist.

Normally in High Courts the facility of ramp is available.

In my opinion if you have genuine difficulty-be specific and ask only for the actual facility you need.

MURUGANANTHAM LINGASAMY (ADVOCATE)     16 June 2012

Sir,

Thank you for answering the querry. 

I am asking about the 

Coimbatore District Court, in Tamilnadu,

In Civil Court at Coimbatore there is no lift facilities or Ramp.

There is no other way that it is required to climb the stair case to get to first floor.

I am having Becker Muscular Dystrophy, The condition gets progressively detoriated.

From the clinical report it is likely that patient with Becker Muscular Dystrophy would loose the ability to walk by age 0f 32 years.

Whether the lift facility if not availabe at present can be demanded?

B.K.GUPTA... (ADVISOR)     17 June 2012

Attached herewith is a handbook issued by Tamilnadu Govt.

You go through it carefully and note down the benefits you can avail apart from by applying to concerned authorities individually so that maximum benefit possible in general rules could be availed.

For remaining deficiencies you need ,sort out either within the framework prescribed or by discussing personally.

As you are an Advocate I expect you to find means and ways but I would like to advise that first sort out the matter politely.Don't be aggresive.

In my opinion such facilities and information has not been provided by any other GOVT.So be enthusiastic and act.

Wish you good luck.


Attached File : 538699890 handbook rehab disabled.pdf downloaded: 80 times

Chandrasen Upadhyay (Legal )     18 June 2012

I agree with Mr. B.K. Gupta. Firt you try to find out solution politely. Wish you all the best.


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