Accessibility Rights Activist Dr. Ajith C. S. Perera, Chief Executive of Idiriya, hasmoved the Court to re-activate invocation of a Fundamental Rights Public Interest Litigation.
The Court fixed the date for the next hearing on November 15 and November 29 for arguments.
The litigation is to seek redress for the marginalised group with limited mobility, estimated to be 20 percent of Sri Lanka’s population.
The subject matter concerns continual poor compliance with laws and a Court Order on accessibility made 12 years ago. This results in continual infringement of rights of nearly 4 million people who are unable to access even new buildings and facilities, Dr. Perera stated.
Dr. Perera’s motion is supported by four affidavits - one by himself and three by others.
He hasappealed for an order from the Supreme Court to strengthen the earlier order dated April 27, 2011.
“In view of the UN Convention on the Protection of the Rights of People with Disabilities (CRPD) being ratified by Sri Lanka on February 8, 2016, the need for implementation of this legally binding agreement is urgent. We have been found in default of our obligations to comply with international law when compliance would be easy to achieve starting with Article 9 – Accessibility and the fact that several major development projects – which will need to be used by future generations – are just being started, the need for action is urgent if yet more people are not to be severely disadvantaged,” Dr. Perera stated.
At the last hearing on October 4, 2018, Petitioner Dr. Perera and Senior State Counsel Rajitha Perera appeared for the Attorney General representing the Respondents before a Bench presided over by Justice Vijith K. Malalgoda PC and Justice M.N.B. Fernando PC.
Leave was granted to proceed for Violation of the Fundamental Rights of the Petitioner representing 4 million underprivileged people experiencing physical impediments, guaranteed in terms of Articles 12(1), 12(4) and 14(1) of the Constitution.
During the proceedings, Dr. Perera presented the following facts.
“The Ministryof Social Servicespromulgated a comprehensive detailed set of regulations gazetted under 1,4657/15 dated October 17, 2006. They specify clearly the manner in which steps, railings, toilets and other key parts of all types of buildings the public needs to use in life, shall be designed and constructed enabling access and safety to persons with disabilities. They were then passed unanimously by Parliament on March 20, 2007”.
“Despite valiant renewed efforts by this Ministry over 12 long years to implement these Access Regulations and in spite of an Order issued by the Supreme Court dated April 27, 2011 under SCFR 221/2009, we have seen a proliferation of new buildings, being completed which still largely fail to comply with the requirements and thus continue to pose a potential threat to safety of life and loss of productive opportunities, thereby causing unwanted dependency and added burdens on society economically, socially and mentally, infringing the Rights of nearly 4 million people”.
“I have visited personally over 30 places and have observed the correctness of cries, complaints and grievances by the public and several medical practitioners. Worst offenders include many 5 and 4 star hotels, even numerous places of higher education institutes and universities, private sector hospitals, high-end shopping complexes, supermarkets and all forms of transport. The parts affected most are toilets, steps and railings, signage and ramps at entrances. Even the design of tables and desks at receptions and in restaurants continue to pose inaccessibility”.
He pleaded for early disposal to this case, in view of the long time already taken and the increasing need for urgent action for the reasons set out in his case.
The Bench stated they were bound by the rules of the Court and thereby, in their opinion, had to grant Respondents further fair opportunity to submit objections or further material before this court.
Dr. Perera said he is prepared to forget the violators and was appealing for a Strengthened Order applicable only to new buildings, where there could be no excuse for failure to comply.
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