The Bombay High Court has directed the State Advisory Board on Disability to promptly address the concerns raised by differently-abled individuals regarding the lack of accessibility at bus stops across Mumbai. The direction was issued on April 17, during the hearing of two petitions highlighting the hardships faced by disabled people in navigating public transport infrastructure.
A division bench comprising Chief Justice Alok Aradhe and Justice MS Karnik emphasized the importance of resolving such grievances without delay, instructing the State Advisory Board to take suitable steps to address the issues flagged by the petitioners.
"The State Advisory Board shall expeditiously consider the grievances raised with regard to the accessibility at bus stops and take appropriate action," the bench directed.
The case stems from two petitions—one taken up by the court on its own motion and another filed by the organization 'Access to Hope'—which sought the enforcement of the 'Harmonised Guidelines and Space Standards for Barrier Free Built Environment, 2021'. These guidelines lay out clear directions to ensure public spaces, including bus stops and terminals, are accessible to persons with disabilities.
According to these guidelines, it is mandatory to provide at least one accessible path from the bus alighting and boarding points to the pedestrian walkway that connects to an accessible building entrance. In addition, the standards address various other aspects such as the location of the bus stop, seating arrangements, and the design of shelters to ensure they cater to all commuters, including those with disabilities.
During the hearing, the Brihanmumbai Municipal Corporation (BMC) informed the Court that it had taken steps to address one of the core complaints raised in the petitions. The civic body stated that bollards installed at the entrances of footpaths, which had previously acted as physical barriers for differently-abled persons, had been removed to improve accessibility.
The State government, on its part, also submitted the minutes of a recent meeting of the State Advisory Board on Disability, indicating that discussions had been held on formulating policies to benefit individuals with disabilities.
Taking note of these developments, the Court held that the State Advisory Board is the appropriate forum for addressing grievances related to disability rights in public spaces. It also clarified that if any person still felt aggrieved, they could directly approach the State Advisory Board for redressal.
"In view of the submissions and the measures undertaken, we find it appropriate to direct the State Advisory Board to consider the prayers made in the petition. Any aggrieved person can approach the Board for resolution," the Court stated.
With these observations, the Court disposed of both the petitions, trusting that the authorities concerned would act responsibly to ensure compliance with the accessibility standards.
The case was heard under the titles: 'High Court of Judicature at Bombay on its own Motion vs. MCGM and Anr (SMP/3/2023)' and 'Access to Hope vs. Brihanmumbai Electric Supply and Transport & Ors. (PIL No. 54 of 2024)'.
