A Division Bench of the Madras High Court comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy has instructed the State Government to make all the public buildings accessible for disabled persons and submit the Audit report for the same.

The Bench expressed that,

“It is imperative that all public buildings, including Courthouses, must have access that may be used by persons with disabilities. Toilets must also be installed in public buildings which may be used by persons with disabilities.”

Court Reasoning & Judgment

The Court looked into the report submitted by the State Government and showed its dissatisfaction that,

“The official respondents have filed a status report, but the report does not indicate whether the public buildings across the state can be accessed by persons with disabilities.”

Since the status report now filed does not indicate the measures are taken or the number of buildings where access for persons with disabilities has been provided, let the matter stand over for two months for a more detailed report to be filed when it appears next.

The Court also reminded the Respondent that no new public buildings may be constructed or sanctioned or planned without providing access for persons with disabilities and ensuring toilets and other facilities for such persons.

The Court expressed that the official respondents, particularly the Public Works Department and its officials, should be acquainted with the governing statute and the national building code to ensure that the mandatory instructions therein are adhered to without any exception.

Therefore, the Court listed the matter on September 13, 2021, and the access audit report that is referred to in the status report filed, should be before the Court, if already prepared, on the adjourned date.

Case Details

Case:- W.P.No.2463 of 2021

Judge: Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy

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Vishal Gupta