Karnataka High Court frames SOP for universal accessibility for government and private establishments
The High Court of Karnataka has framed a comprehensive Standard Operating Procedure (SOP) for universal accessibility under the Rights of Persons with Disabilities (RPwD) Act
The High Court of Karnataka has framed a comprehensive Standard Operating Procedure (SOP) for universal accessibility under the Rights of Persons with Disabilities (RPwD) Act, 2016, applicable to both government and private establishments, including educational institutions, which will remain in force in the State until the government frames rules under the Act. The 44-page SOP framed by the court, to be implemented in a phased manner over two years, mandates that all public buildings have to undergo accessibility audits. Existing public buildings must complete an initial accessibility audit within one year, followed by annual audits and comprehensive renewal audits every five years, besides being subject to surprise inspections by accessibility authorities. Justice Suraj Govindaraj issued the SOP in his 465-page verdict while dismissing a petition filed by PSBB Learning Leadership Academy, a CBSE-affiliated school, Bengaluru. Compensation to teacher The court has upheld the 2020 order of the State Commissioner for PwD, who had directed the school to pay ₹10 lakh compensation to a former teacher who suffered a spinal injury and permanent disability after falling from a school building while attempting to save a student in 2013.
The incident occurred when a class 6 student, who faced a complaint of tampering with marks in an answer paper, threatened to jump from the first floor by stepping onto the windowsill of the school building. The school provided initial treatment to the injured teacher, who suffered spinal injuries, and paid hospital bills of around ₹6 lakh, along with ₹5 lakh towards salary, though she did not work for several months. The school also offered her an alternative job due to her physical condition following the injuries. The school said the teacher did not respond to its offer of an alternative role, but was shocked to receive a notice from the Commissioner on her complaint seeking hefty compensation. The school contended that she would not have suffered serious injuries had she followed the school’s protocol and not acted in a “reckless” manner, as the student was protected with minimal injuries by the school staff.
School’s obligation However, the court observed that the teacher’s alleged breach of the school’s protocol could be relevant to a claim of contributory negligence in a tort action, but such a breach was irrelevant to determining the school’s obligations under disability rights law. Besides upholding the Commissioner’s order, the Court directed the school to offer reinstatement to the teacher with teaching duties by providing a ground-floor, wheelchair-accessible classroom, a disabled-friendly washroom, a transport allowance of ₹15,000 per month, 15-minute breaks after every two periods, the option to teach online on days when she is physically unable to attend, and first-aid facilities. If she accepts, she should be reinstated, the court said. While finding that the school had not followed certain provisions of the RPwD Act, the court said the Act is not restricted in its application to government establishments alone as certain provisions apply to both government and private establishments.
The BriefWire