Accessibility rights: FR case on Nov. 29

Accessibility rights activist Dr. Ajith C. S. Perera, supported by affidavits by four eminent Sri Lankans, had moved the court last September to re-activate invocation of a nationally and internationally important fundamental rights public interest litigation.

On October 4, the Supreme Court granted leave to proceed for violation of the petitioner’s fundamental rights guaranteed in terms of Articles 12(1), 12(4), 14(1)(g) and 14(1)(h) of the Constitution, and the case had been fixed for argument on November 29, thus confirming that it is a fit and proper case to be pursued.

The court further observed, that since notice had been dispatched to all the respondents over two months ago, the Attorney General had had adequate opportunity to obtain instructions from all eight respondents during this time.

As stated, the main purpose of this FR case is to seek redress to enjoy their inherent right to access buildings the public needs in daily life for a most vulnerable and fast increasing voiceless and marginalised group of persons with limited mobility, estimated at 20% of Sri Lanka’s population.

The petition states the subject matter concerns continual poor compliance with a comprehensive set of laws on accessibility gazetted on 2006.10.17 by the Social Services Ministry and thereafter unanimously agreed by Parliament on March 20, 2007 and reinforced by a court order dated 27.04.2011.

At the hearing on October 4 this year, Dr. Perera stated that life is all about accessibility to what you need day-to-day. Accessibility, hence, is fundamental and indispensable.

Dr. Perera further stated that: as a result of his continual close observations over the last seven years on the enforcement and implementation of accessibility laws and the court order of 27.04.2011, he has presented through a motion ten remedial measures and has appealed for a fresh order from the Supreme Court to incorporate them in full to strengthen the earlier order dated April 27, 2011

At the November 15 hearing, the petitioner Dr Perera appeared in person and senior state counsel Rajitha Perera appeared for the Attorney General representing the respondents before a bench comprising Justices Prasanna S.Jayawardana PC (presiding), Vjith K. Malalgoda PC and Murdhu N.B. Fernando PC.