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
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?