Supreme Court hastens implementing ‘accessibility for all’ at public buildings
Wednesday, 31 July 2013 00:24
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The Supreme Court has instructed agencies of the State to ensure compliance with the earlier issued Court order and implement comprehensive directions given to ensure that those with restricted ability be given every opportunity to integrate freely with the community. The Registrar of the Supreme Court has been directed to communicate this order.
Supreme Court has further directed the Attorney General to ensure this is given its full effect by directing the authorities to take immediate steps to sensitise the private sector to take appropriate steps in compliance.
The case report in this regard, signed by the bench comprising Chief Justice Mohan Pieris, Justice Chandra Ekanayake and Justice Sathya Hettige P.C., was issued last Monday.
This was the final outcome to the hearing on 17 June 2013 of public interest litigation fundamental rights petition SC.FR.No.221/2009 filed by Dr. Ajith C.S. Perera – a fervent advocate to have the accessibility regulations enacted several years ago, fully implemented to have unhindered access to the state and private sector public buildings and facilities regardless of the degree of physical ability. Dr. Perera, appearing in person on a wheelchair, successfully pursued single handed.
Amidst on-going awareness programs, a copy of the circular MSS/7/8/ACC issued by the Ministry of Social Services on 4 October 2012 that was produced at this hearing of the petition by the Deputy Solicitor General Sanjay Rajaratnam reveal: “Although a long time has passed since issuing accessibility regulations, still, public buildings are constructed without accessibility facilities.”
The Supreme Court also made the observation, which this report indicates, that this circular addressed to all the Ministries, all Provincial Ministries and Secretaries is very comprehensive and once again requests implementation from them the earlier given SC Orders.
Already, an estimated 25% of Sri Lanka’s population find their movements much restricted as a result of various debilitating conditions. In spite of that, although 10 months have gone since issuing of this Circular, Dr. Perera pointed out that the violators still roam scot-free and the victims are made to suffer at the mercy of violators.
What can be viewed is the ongoing renovation work which is still going on at several reputed hotels and hospitals where the stipulated performance specifications and standards are being violated.
Perera noted that it is indeed a national tragedy that the empowered authorities continue to give a blind eye in passing building plans and issuing certificate of conformity, disregarding the procedures approved unanimously even by the Parliament and furthermore, blatantly violating the orders of the country’s apex court.
For businesses to grow and achieve maximum potential, their customer bases also needs to grow. Business organisations that are accessible and user-friendly to everyone will create a reputation no money or advertising can ever buy them, as peoples’ caring business organisations. Perera further said that to optimise the results of development programs reaching everyone, especially in the tourism industry, facilities at hotels in particular and other buildings must be designed for full participation of all potential customers with ease, regardless of individuals’ degrees of ability.
He stressed on the crucial need for the Government to soon bring in special legislation in the greater national interest, to have an effective mechanism to implement accessibility regulations in a meaningful manner.
