New rules, no barriers: Karnataka high court issues guidelines for inclusive access for disabled in all buildings

Bengaluru: The high court has laid down a comprehensive standard operating procedure to ensure universal accessibility for persons with disabilities (PwDs), mandating compliance across a wide range of spaces — from govt offices and public and commercial buildings to hospitals, schools, transport systems, religious and cultural sites, and residential developments.

Justice Suraj Govindaraj issued these guidelines while deciding the petition filed by a Bengaluru-based private school against the order passed by the state commissioner for PwDs, Karnataka, in favour of a teacher who became disabled following a freak incident in 2013.

The court directed the chief secretary/principal secretary of women and child development department to set up a State Accessibility Authority in six months to enable monitoring as well as enforcement of accessibility norms in all buildings. Similarly, district accessibility committees must be set up across the state in six months. The court also directed the state govt to frame accessibility rules and appoint nodal officers for enforcement of these regulations.

NORMS TO FOLLOW

1. No occupancy certificate will be issued for any public building unless it fully complies with the accessibility requirements under Section 44 of the Act and the Harmonised Guidelines-2021. This requirement is non-negotiable, and no waiver shall be granted.

2. Occupancy certificate for a public building will be issued only after a final accessibility audit by an empanelled auditor confirms compliance with the guidelines.

3. Grant or renewal of trade licences for all establishments occupying public buildings will be made only after issuance of accessibility certification.

4. All public buildings shall have at least one step-free access route from the public footpath or road to the principal functional areas of the building.

5. Ramps with gradient not exceeding 1:12 (preferred 1:15 where space permits) shall be provided at all principal entrances, with handrails on both sides and anti-slip surfaces. Principal entrances shall have automatic doors, sliding doors, or doors with lever handles (not knob handles).

6. Provision of reserved accessible parking spaces as close as possible to the accessible entrance. A minimum 2% of total spaces, or at least one space (whichever is greater) have to be reserved for PwDs. For high-footfall buildings (malls, airports, stadia), minimum 2% with a floor of four spaces should be demarcated. The parking bay should have a minimum width of 3,600 mm to allow wheelchair transfer from vehicle.

7. Provision of gender-neutral accessible toilets wherever feasible, to accommodate transgender persons with disabilities and those requiring attendant assistance. For persons requiring catheter care or other medical procedures, a clean, private, accessible space shall be designated and maintained for this purpose.

8. Every establishment must frame, notify, display and register an equal opportunity policy (EOP) under Section 21 of the PWD Act read with Rule 8 of the Rules within six months.

Digital Accessibility Framework

1. All digital platforms and systems operated by or on behalf of govt establishments must comply with WCAG 2.1 Level AA as the minimum standard for all govt websites, portals and applications.

2. Provision of screen-reader compatibility for all content and full keyboard navigation without dependence on a mouse, closed captions for all audio-visual content, Indian Sign Language (ISL) video interpretation for key govt information, text alternatives for all non-text content and adjustable text size and contrast settings.

Students with disabilities

1. All schools must have written inclusive education policies covering all disability types and all genders, including transgender students.

2. No student with a disability can be refused admission solely on account of disability. Educational institutions need to conduct inclusion feasibility assessments. All specified disabilities, not limited to physical or locomotor disability, shall be accommodated.