The Hindu : Tamil Nadu / Chennai News : No new bus `without court permission'

Online edition of India's National Newspaper
Wednesday, Dec 07, 2005

Tamil Nadu

Tamil Nadu - Chennai

No new bus `without court permission'

Special Correspondent

Reason: fleet not disabled-friendly

DISABLED UNFRIENDLY: Even physically-abled persons find it difficult to get into buses as the footboards are too high for comfort.. — Photo: M. Karunakaran

CHENNAI : The Metropolitan Transport Corporation (MTC) has been directed by the Madras High Court not to acquire new buses to augment its fleet without prior court permission. Reason: The MTC has not created a barrier-free environment to disabled persons by making mandatory changes in its new vehicles.

The First Bench, comprising Chief Justice A.P. Shah and Justice R. Banumathi, passed the order on a public interest litigation petition from Rajiv Ranjan, a person affected with cerebral palsy.

The petitioner is also the coordinator of the Disability Legislation Unit.

Petitioner's submission

In his plea, Mr. Ranjan said that as per Section 44 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 the enforcement agencies were to ensure non-discrimination in transport system by adapting rail compartments, buses, vessels, aircraft, toilets and waiting rooms in such a way as to permit easy and convenient access to disabled persons and wheelchair-users.

While this was so, the MTC made an announcement recently that it would acquire new buses to augment its fleet. "Nowhere in the proposed acquisition, any user-friendly bus for the disabled persons is indicated," he said.

The MTC had failed to give effect to the mandatory provisions "by creating a barrier-free environment and making provisions in the public transport system with adaptations of vehicles in such a way as to permit easy access to such persons."

The proposed acquisition of buses is against the spirit of the Act and is arbitrary, Mr. Ranjan said adding that the MTC must be restrained from inducting new buses, which were not barrier-free.

Unless such an injunction was granted, an estimated 16.42 lakh disabled persons would be forced to remain confined to their houses owing to inaccessibility to public transport system, he contended.

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