Author: Vardha Verma, Student at Jindal Global University, Sonipat
In the case State of Himachal Pradesh & Anr v. Umed Ram Sharma & Ors.4, Article 21 of the Indian Constitution that guarantees the ‘Right to Life’ was observed to incorporate the ‘Right to Accessibility.’ Consequently, denial of right would amount to denial of life.
Accessibility means all people irrespective of their ability can comfortably use and interact with their environment, product or service. India is home to more than 26 million people with disabilities, but for decades, many have lived without the simplest form of accessibility. Just imagine a young professional in a wheelchair being unable to enter a government building due to the absence of ramps. A visually impaired student cannot access the classroom, as there is no sign written in Braille or assistive technology for the same. Or an elderly person who, due to improper infrastructure of the place, cannot access public areas. For too long, such stories have been dismissed as inconveniences rather than failures of the system. That is why the judgment by the Supreme Court of India in 2017 in the case of Rajive Raturi became a landmark moment as it gave voice to these struggles and demanded accountability.
This article looks at the case of Rajive Raturi not as a dry legal precedent but as a powerful catalyst for change.
Why Did This Case Matter So Much?
Imagine walking into a court of justice to argue that you, as a person with disabilities, have been denied basic dignity. That’s what disability rights activist Rajive Raturi did when he filed a public interest litigation (PIL) before the Supreme Court. His plea was simple yet deeply significant. It was to make public spaces accessible for everyone.
Raturi’s argument wasn’t about asking for special privileges. It was about the right to equality and dignity guaranteed by Articles 14, 19, and 21 of the Constitution. He pointed out that while the Rights of Persons with Disabilities Act, 2016 (RPwD Act) mandated accessibility, the real world situation told a different story. Public buildings, hospitals, schools, and even courtrooms were inaccessible, pushing PwDs to the margins of society.
The judgment of the court wasn’t a mere legal victory, it was a moral account. The scope of dignity and justice was further extended to accessibility, thereby becoming an essential constituent of equality.
What Did the Supreme Court Say?
The judgment delivered by the Supreme Court on December 15, 2017, transformed some vital observations in landmark judgments.
The court emphasized that accessibility is an essential component of the right to live with dignity under Article 21. Inaccessible spaces, it contended, run against the very grain of human rights. Central and state governments were instructed to ensure all public buildings are accessible.
Considering the urgent nature, the court defined clearly the expectation for a time bound structured roadmap towards accessible environments.The court has ruled that the government and institutions could not shy away from the responsibility to respect PwDs’ rights
Why This Judgment is Not Just About Law
The Rajive Raturi judgment was monumental not only for the legal significance it held but for the humanity it restored. It recognized that denial of accessibility is not only an infrastructural failure, but also a failure of justice. The judgment elevated accessibility to the level of fundamental rights, rather than a privilege or a second-class citizen.
Accessible spaces enable PwDs to take part fully in education, employment, and public life as equal citizens. By rectifying systemic neglect, the judgment brought disability rights where they rightly belong that is within the realm of national discourse. The verdict essentially broadened the definition of justice to encompass inclusive spaces, wherein each citizen has equal opportunities to live a dignified life. The verdict itself was a breakthrough, but implementation of this has been marred by difficulties that continue till date. Many public officials and planners remain unaware of accessibility standards that results in poor implementation of guidelines. Retrofitting of older buildings demands financial investment, which is cited by many institutions as a challenge. Some states and cities have made significant strides toward accessibility, but the progress is uneven across India. Accessibility continues to be considered an afterthought. That, however, is no less a part of the job than fixing the infrastructure itself.
Accessibility initiatives by India dovetail well with international initiatives. India signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2007. This treaty spells out inclusive standards for development in the most comprehensive terms: Infrastructure, transportation systems, and public services should be designed to be accessible to all.
PwDs should be enabled to live independently and integrate into society fully. By reiterating these global principles, the Rajive Raturi judgment bridges local aspirations with international standards, affirming that accessibility is a universal right, not a localized demand.
The Judiciary Takes the Lead: A Promising Initiative
The Rajive Raturi case set the stage for further reforms. Recognizing that courts themselves are often inaccessible, the Supreme Court in 2023 released a comprehensive report to make India’s judiciary more inclusive. Key initiatives included upgrading facilities with ramps, assistive seating, and audio-visual aids. Providing sign language interpreters, Braille documents, and assistive technologies. Ensuring court websites, portals, and e-filing systems are user-friendly for PwDs.
The judiciary is leading by example, transforming itself into a space that delivers justice for all, by prioritizing these reforms.
Towards a Fully Inclusive Future
The Rajive Raturi judgment marked the beginning of a journey toward accessibility, not its end. It showed that inclusive spaces benefit everybody as a ramp designed for a wheelchair user can also help an elderly person or a parent with a stroller. Accessible infrastructure creates a society that works for all its citizens. But to achieve this vision, commitment needs to be sustained.
Conclusion
A Shared Responsibility
The Rajive Raturi judgment serves as a reminder that the accessibility is more than bricks and mortar, it’s about justice, dignity, and equity. It makes us ask whether our public spaces are truly designed for everyone, including and especially those who have diverse abilities. Real inclusion arises only when we place priorities on the needs of everyone.
It may be tough, but we must walk this path to a truly accessible India with urgency, empathy, and accountability. For in building inclusive spaces, we build a society where everyone belongs.
