JUDGMENT :

P.D. Audikesavalu, J.

(Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to public the draft “Harmonized guidelines and standards for universal accessibility in India, 2021”in accessible format and in vernacular, make printed copies available for inspection at designated offices, provide wide publicity in print and electronic media about the draft guidelines, invite public comments for a minimum of 30 days and consider the same while finalizing the guidelines.)

1. The Petitioner, who is an activist for cross disability rights, has filed this Public Interest Litigation seeking a direction to the Central Government to publish the draft “Harmonised Guidelines and Standards for Universal Accessibility in India, 2021”in accessible format and in vernacular, make printed copies available for inspection at designated offices, provide wide publicity in print and electronic media about the draft guidelines, invite public comments for a minimum of 30 days and consider the same while finalising the guidelines.

2. The First Respondent has filed counter-affidavit explaining the various steps that had been taken for preparing the relevant draft guidelines, and its summary reads as follows:-

“1. A perception survey was conducted 5th - 28th February 2021. The perception survey aimed at involving various stakeholders including Persons with disabilities, Disable Persons Organizations, Civil Societies Organizations, Implementing Agencies, policy makers, architects, engineers, domain experts etc. To maximize participation of the intended stakeholders an extensive social media campaign was also conducted through social media (twitter) for 10 days (Feb 5th –Feb 16th) –Impact numbers attached. Along with it, over 300 email communications were sent to various individuals and experts on disability rights, universal accessibility, survey was responded by more than 40 participants comprising of disability Rights Individuals/Experts (12 nos), Accessibility Professionals (9 nos), Urban Practitioners (12 nos), Implementing Agencies (10 nos), Policy Makers (5 nos), Others (6 nos). The survey form is enclosed as Annexure R2.6.”

2. Two consultations were also organised in the month of April 2021. Due to Covid-19 related restrictions, the consultations were conducted on a virtual platform (Zoom). Invites were sent to disability right groups and associations (‘28 organizations) for active participation from the concerned beneficiaries. Along with this, public participation was invited through NIUA social media handles. The consultations attracted participation from across the country. Engagement numbers for the social media outreach are attached. The consultations aimed at getting insights from the citizenry on key thematic areas (Residential, Mobility, Education/employment, Recreational, Healthcare) to understand their concerns and seek suggestions.

1) Over 60 registrations for both days from different parts of the country and from different types of disabilities were received. The consultation conducted with Persons with Disabilities, Elderly and their caregivers had about 40 participants through the length of the consultation. Prominent disability rights experts including Shampa Sengupta, Ruchira Sarin, Anubha Mahajan etc participated in the public consultations and shared insightful examples.

2) A detailed form for post consultation feedback was also sent out to all participants, who were requested to share their suggestions and insights, as well as share examples from India on elements of universal design and accessibility. 10 responses were received till date. Form is enclosed as Annexure R2.5.“

The said summary also mentions that the report of the key findings and recommendations of the consultation is available on the NIUA website in public domain and the report along with the recordings was sent to all the participants. The consultation is reported to have receiv