Bombay High Court Directs Registry To Ensure Accessible Facilities For Orthopedically Disabled Persons In High Court Building
|The Bombay High Court directed its registry to draft a proposal for the conversion of one of the washrooms in the court building to cater to orthopedically disabled persons. The directive came during the hearing of a 2021 petition that highlighted the lack of necessary facilities for individuals using wheelchairs in government offices and court buildings, including the High Court.
A Division Bench of Justice Sunil B. Shukre and Justice Firdosh P. Pooniwalla held, “The difficulty stated on behalf of the Petitioner is genuine and needs to be addressed appropriately and at the earliest by the administration. We would, therefore, request the registry to consider this difficulty, prepare an appropriate proposal for either conversion of one of the washrooms in High Court building at Mumbai into a washroom to be used for the wheel chaired, orthopedic disabled persons and place it before the appropriate committee for its due consideration as early as possible.”
The main issues revolved around the lack of action by the authorities despite the order to provide essential facilities for orthopedically disabled persons, particularly in government and court buildings.
Advocate Uday Warunjikar, representing the petitioner, brought attention to an order dated June 26, 2023 that aimed to alleviate the challenges faced by orthopedically disabled individuals. The order emphasized the need for necessary infrastructure, equipment, and facilities. However, neither the State Government nor the Municipal Corporation had taken substantial steps to implement the order.
The Court acknowledged the seriousness of the situation and the lack of progress since 2021. The Court added, “We understand the enormity of the task involved in the exercise, but as rightly submitted by learned Counsel for the Petitioner, the State Government as well as Municipal Corporation must place on record the steps which they have taken so far in collecting the necessary information and collating it. As we find now, no such material has been placed before this court. We therefore, request learned AGP and also learned Counsel for the Corporation to place on record the relevant material showing effective steps taken by the State Government as well as the Corporation.”
The Court directed the State Government and Municipal Corporation to complete the necessary infrastructure improvements within eight weeks and submit a report. The Court further granted permission to the petitioner to file an additional affidavit.
The Court addressed the issue of lack of wheelchair-accessible toilets in government and court buildings, instructing the registry to prepare a proposal for converting a washroom in the High Court building in Mumbai into an accessible facility.
The case was adjourned to December 07, 2023 for further directions.
Cause Title: Maharashtra Rajya Apang Karmachari Sanstha v. The State of Maharashtra & Ors.
Click here to read/download Order