Election authorities must provide permanent ramps at polling stations and ensure websites offer accessible electoral information to fulfill statutory duties for disability inclusion in voting.

ORDER :

G. ARUL MURUGAN, J.

1.A person with disability seeks for a direction to the Election Commission to notify only polling booths having assured minimum facilities like permanent ramps and upload the details concerning elections in the websites in accessible format for the persons with disabilities.

2. The learned counsel for the petitioner submitted that though the Rights of Persons with Disabilities Act, 2016, mandates the Election Commission to ensure that all materials related to the electoral process are easily understandable and all the polling stations are accessible to persons with disabilities for voting, still, there are several shortfalls in providing the required facilities, including permanent ramps. He further submitted that though there are certain guidelines issued in place and several directions were issued by the Hon’ble Supreme Court and this Court, still, permanent ramps have not been provided in the polling booths and only temporary arrangements are made during elections, which ultimately is non-friendly and inaccessible by the persons with disabilities. Even in the recently concluded State Assembly Elections, there were several defects and problems in the facilities provided which have been widely reported and also forwarded to the Election Commission. He further submitted that the information provided should be made easily accessible and the website of the Election Commission should be made user-friendly for the persons with disabilities.

3. Mr.Niranjan Rajagopalan, learned Standing Counsel for the Election Commission, by relying on the various circulars issued by the Election Commission, submitted that already directions have been issued to all the State authorities in respect of providing the facilities to the persons with disabilities, inclusive of putting up permanent ramps in all polling booths. He further submitted that, pursuant to the directions issued, the Election Commission is ensuring that all the facilities are provided to the persons with disabilities, making it easily accessible for them. Any defects or shortfalls in the recently concluded elections, brought to the notice of the Commission, would also be taken note of and suitably dealt with.

4. Insofar as the accessibility of the information on the website is concerned, the Election Commission has provided the required facilities and they have already made a request to the Ministry of Electronics and Information Technology (MeitY) to conduct audit of ECI websites and applications as per GIGW 3.0 and WCAG 2.1 guidelines. Since the development of new module is in advanced stage, in the first phase, the audits of the ECI website “eci.gov.in” and voter services portal “voters.eci.gov.in” are taken up in alignment with MeitY’s guidelines.

5. Mr.P.S.Raman, learned Advocate General, submitted that the directions issued by the Election Commission providing various facilities to the persons with disabilities are carried out in letter and spirit and even for the recent election, the Chief Secretary had convened a meeting with all the District authorities and ensured that all the facilities are in place, including the provision of ramps in all the polling booths.

6. Mr.V.Vasantha Kumar, learned Additional Government Pleader (Puducherry), submitted that all the required facilities providing easy access to the persons with disabilities were made during the elections and all the instructions issued by the Election Commission in this regard have been complied with.

7. We h