The Supreme Court last Wednesday ordered several measures to be incorporated in the design and construction of public buildings, to make them safe and accessible to persons with restricted mobility.
The Court ruling was in response to a Fundamental Rights petition filed by Chartered Analytical Chemist, Dr. Ajith C.S. Perera, who is a paraplegic for life since November 1992, when a tree fell on his car in Colombo.
The Bench, comprising Chief Justice Asoka de Silva, Justice Nimal Gamini Amaratunga and Justice K. Sripavan, in its determination, recognised that people have different levels of ability to move freely, and that, many, especially the growing numbers of seniors, disabled persons, pregnant mothers and those with impaired visions, are restricted in their movements.
The Court ruled that all parts of new public buildings and public places, especially toilets and ashrooms, as defined in the accessibility regulations in force, hereafter shall be designed and constructed in accordance with the design requirements specified in accessibility regulations of October 2006.
The Court also said that compliance with this Court order is mandatory to design buildings, to approve building plans, to certify completed buildings and to issue ‘Certificate of Conformity’.
The Court order states that no person or body of persons shall furnish any false statement in any return or information in this regard.
The Court also said that failure to comply with the Court’s order, is a serious punishable offence attracting punitive repercussions.
Petitioner Dr. Perera told Court that the law requiring public buildings and facilities to be made safe and accessible to persons with restricted mobility, was established in 1996, and further strengthened by the introduction of accessibility regulations under this law in 2005, which were unanimously approved by Parliament on March 20, 2007.
He further said that inept bureaucracy had failed to establish a formal mechanism to effectively implement the legislation even after 12 years, and argued that denial of implementation further aggravates Social, Economic and Psychological issues, plaguing the country in untold proportions.
He argued that people have different levels of ability to move freely, and together with the growing number of seniors and those with debilitating conditions, along with pregnant mothers, elders with children or those carrying heavy luggage, which is an estimated 25% of our population, amounting to about five million, have their movements much restricted.
Senior State Counsel Indika Demuni de Silva appeared for the Attorney General’s Department. |
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