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A bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla issued notice to the Centre, Delhi government, Public Works Department (PWD) and Office of the Chief Commissioner for Persons with Disabilities and asked them respond to the petition while listing it for further hearing on September 6.
The court was hearing a petition by a lawyer seeking directions to the authorities to ensure convenience of and full accessibility to lifts, foot over bridges and other public amenities and structures to specially-abled and senior citizens of the country and ensure compliance with the provisions under the Rights of Persons with Disabilities Act, 2016 protecting the fundamental right to equality, right of freedom to move freely and right to life with dignity under the Constitution.
The bench directed the Delhi government and PWD to file status report indicating the position on access to foot over bridges and other public utilities as to whether they are accessible to persons with disabilities and senior citizens and also on specific instances pointed out by the petitioner.
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Petitioner Pankaj Mehta submitted that the state of public amenities such as elevators and escalators for disabled people and senior citizens of the country is in ruins and are non-functional in the ‘capital of the country’ which is a ‘metropolitan’ and ‘developed’ city.
The petition, filed through advocate R K Mehta, said due to the undue hardships caused to disabled people and senior citizens, the petitioner filed several RTIs which were transferred from one department to another without any substantial response.
“Within the NCT of Delhi, various foot over bridges have been installed by the respondents which come with an elevator for ease of access for those who are with disabilities and the elderly. However, the maintenance and upkeep for almost all these foot over bridges have been forgotten by the respondents.
“As a result of such ignorance, the elevators in the foot over fridges are not operational across the year and absolutely no steps are being taken by the respondents to rectify the same. That it is pertinent to mention that most of these foot over bridges have been constructed on extremely busy roads and the non-functional state of the elevators and escalators have effectively rendered the persons with disability and the elderly in a state of helplessness as they are unable to access even the roads which is prima facie violative of the fundamental rights of such citizens,” the plea said.