ORDER

1. In view of our order dated 1st June, 2018, we are hereunder recording our reasons for continuation of the assurance made by Mr. Anand Grover, ld. Senior Counsel on 14th May, 2018 and prohibiting the respondents from acquiring standard floor buses.

2. In the training programme, conducted by the Delhi High Court, on 12th and 13th July, 2014, captioned as "Making court room practices responsive towards victims of sexual offences", one of the resource persons in the session on Laxmi Narayan Tripathi, a six feet plus transgender activist, while leading a training session of 60 judges, 20 prosecutors, 40 police officials and 20 legal aid lawyers at the District Courts, Saket, stood before them and asked the following poignant question:

"Am I invisible?"

3. There was stunned silence in the room as keeping in view of Laxmi's vibrant personality, the answer was so obvious. Laxmi had to repeat the question multiple times before there was a roar of a negative response. What Laxmi stated thereafter sums up exactly what specially-abled people in Delhi in the present case, must be experiencing. Laxmi Narayan Tripathi, then asked all the legally trained minds in the room:

"Then why do you treat me so?"

This is the very question which the petitioner nos. 1 and 2 on wheelchairs before us are asking of the respondents before us. Why are they being treated as invisible and non-existent despite the Constitutional recognition of their rights as well as the statutory provisions of the Rights of Persons with Disability Act, 2016 ensuring equality and non-discrimination to the differently-abled?

Background facts

4. Certain background facts first. W.P.(C) No. 9643/2017 was filed by Mr. Nipun Malhotra (petitioner no.1), who has severe locomotor disability from birth, called "arthrogryposis", which is a medical condition which leads to a lack of muscles in his arms and legs and renders him permanently dependant on a wheelchair for basic mobility. Despite the limitation from this medical condition, the petitioner no.1 along with his mother Mrs. Priyanka Malhotra has set up the Nipman Foundation which is actively involved in the field of disability rights.

5. The writ petition assails the Cabinet Decision No.2503 & 2504 taken on 1st September, 2017 for acquisition of standard floor buses which were to be rolled out within one year depriving numerous persons with disabilities residing in Delhi, as well as ousting senior citizens, from access to public transport. We reproduce these decisions hereafter:

"GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI