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New Accessibility Rules: Need, Issues & Guidelines - UPSC Editorials

Last Updated on Jan 16, 2025

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Context: The Supreme Court struck down Rule 15 of the Rights of Persons with Disabilities (RPwD) Rules, 2017, declaring it violative of the RPwD Act, 2016, in the landmark Rajive Raturi v. Union of India (2024) case. The judgment stresses the need for principle-based, mandatory accessibility guidelines across sectors to replace the discretionary framework of Rule 15.

Read the article on the Stereotyping Persons with Disabilities!

Analysis based on	Editorial We need accessibility rules that are based on principles published in The Hindu on January 10th, 2025
Topics for UPSC Prelims	Rights of Persons with Disabilities (RPwD) Act, 2016, Rajive Raturi v. Union of India (2024) case
Topics for UPSC Mains	Effectiveness of disability legislation in India

Key Issues Highlighted by the Supreme Court
Major issues that were given importance by the SC for this case are:

Mandatory Nature of the RPwD Act: The Act intended to bind governments under Sections 40, 44, 45, 46, and 89 but diluted the very same with Rule 15 providing discretion for the government.

Loss of Statutory Authority: With an invalidation of Rule 15, all the already prepared accessibility guidelines by ministries and departments stand automatically repealed, and a new set of legally enforceable standards is required.

Lack of Unifying Principles: Accessibility guidelines were created in isolation without guaranteeing universality, intersectionality, or consistency between sectors.

Read the article on the Citizens with Disabilities!

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Expanding Accessibility

Accessibility vs. Reasonable Accommodation:

Accessibility guarantees uniform, standard inclusions for everyone from the beginning.
Reasonable accommodation provides particular accommodations for persons in particular circumstances as a supplement to accessibility.

Accessibility as a Moving Target:

Accessibility is changing with technological and societal changes, such as Artificial Intelligence and Internet of Things.

Universal Design:

Accessibility is not only for people with disabilities but also for women, children, the elderly, and other vulnerable groups.
Disability is seen as an environmental barrier rather than an individual incapacity.

Sliding Scale of Accessibility:

Accessibility goals should be phased in with periodic reviews, such as Canada's roadmap to full accessibility by 2040.

Read the article on the UN Convention on the Rights of Persons with Disabilities!

Recommendations for New Accessibility Guidelines
Some of the key recommendations for the new accessibility guidelines include the following:

Principle-Based Framework: Establish guidelines rooted in universality, intersectionality, and dynamic adaptability to ensure inclusivity across sectors.

Minimum Accessibility Standards: Set baseline requirements with periodic updates to adapt to evolving needs and technologies.

Simplification and Clarity: Formulate frank, lucid, and workable regulations to minimize costs in compliance and delays.

Unified Regulatory Authority: Establish a nodal agency like the Ministry of Social Justice and Empowerment for effective regulation and enforcement over accessibility standards across sectors.

Standardised Social Audits: Prepare working guidelines for facilitating regular audits to monitor and enhance accessibility in government schemes and private sector initiatives.

Incentivize Accessibility: Market incentives, combined with mandatory government regulations for the private and public sectors to move toward an accessible product-service range.

Implementing accessibility as the new norm across all walks of Indian life shall align India better to its mandate within the provisions of the RPwD Act as well as to the obligations created by the United Nations' Convention on the Rights of Persons with Disabilities; further, it opens more economic and social opportunities for hundreds of millions.
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UPSC Practice Question
Discuss the challenges in implementing the RPwD Act, 2016, highlighted in Rajive Raturi v. Union of India (2024), and suggest measures for cohesive and inclusive accessibility standards. (250 words)

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New Accessibility Rules: Need, Issues & Guidelines - UPSC Editorials

IMPORTANT LINKS

Expanding Accessibility

Accessibility vs. Reasonable Accommodation:

Accessibility as a Moving Target:

Universal Design:

Sliding Scale of Accessibility:

UPSC Practice Question
Discuss the challenges in implementing the RPwD Act, 2016, highlighted in Rajive Raturi v. Union of India (2024), and suggest measures for cohesive and inclusive accessibility standards. (250 words)

UPSC Exams

Latest Update

Coaching

UPSC Current Affairs

Syllabus

UPSC Notes

Previous Year Papers

Mock Tests

UPSC Editorial

Bilateral Ties

Books

Government Schemes

Topics

New Accessibility Rules: Need, Issues & Guidelines - UPSC Editorials

IMPORTANT LINKS

Expanding Accessibility

Accessibility vs. Reasonable Accommodation:

Accessibility as a Moving Target:

Universal Design:

Sliding Scale of Accessibility:

UPSC Practice QuestionDiscuss the challenges in implementing the RPwD Act, 2016, highlighted in Rajive Raturi v. Union of India (2024), and suggest measures for cohesive and inclusive accessibility standards. (250 words)

UPSC Practice Question
Discuss the challenges in implementing the RPwD Act, 2016, highlighted in Rajive Raturi v. Union of India (2024), and suggest measures for cohesive and inclusive accessibility standards. (250 words)