HC pulls up state over inaccessible footpaths for wheelchair users | Mumbai news

MUMBAI: The Bombay high court on Tuesday directed the state government to submit their decision over the issue of wheelchair accessibility of roads and footpaths. Addressing the issue of the newly constructed poles and bollards at the entrance of footpaths in the city, to make it safer and more conducive for wheelchair users, the court noted that the salutary objective has inadvertently failed, rendering the footpaths inaccessible for them.

A division bench of chief justice Alok Aradhe and justice Bharati Dangre observed that despite the formation of an advisory board under the Rights of Persons with Disabilities Act, 2016, to resolve the issue, no meeting has been held yet.

The counsel suggested another date for the meeting, which was not very well received by the court. The bench pulled up the board for its non-functionality and directed it to hold a meeting as soon as possible and submit a detailed report to the court.

The issue was highlighted in the court in 2023, through advocate Jamshed Mistry, who received an email from Shivaji Park resident Karan Sunil Shah, a differently abled individual who elaborated on the difficulties faced by him due to the installations on the footpath. He highlighted that the distance between the poles is so small that it makes it impossible for the wheelchair to pass through.

Following this, the court had on September 29, 2023, decided to take a suo moto cognisance of the matter and appointed advocate Mistry as the amicus curiae in the case. It further issued a notice to the municipal corporation and the Maharashtra government to respond to the matter.

Later, when the court inquired on the formation of an advisory board under the Rights of Persons with Disabilities Act, 2016, to resolve the issue, the government pleader responded positively. He informed the court that the officiating and non-officiating members of the state advisory board on disability have been appointed, which is to hold its meeting in the month of February 2025. Subsequently, the government was asked to submit a report of the meeting.

In July 2024, the court had observed that despite having the advisory board in place, it has not been functional. It had expressed concerns over this issue and had observed that the disabled individuals are suffering from deprivation of their rights because of the state.

Subsequently, advocate Abhay Patki, representing the state, submitted that the board is fully functional, assuring the court of their meeting in February. Issues to be discussed were highlighted, including the conduction of medical examinations and workshops for differently abled individuals. Further, the key point for discussion was noted, which was to detail the measures to be taken to make the footpaths of the city more accessible to wheelchair users.