Disability access: Poor implementation of Supreme Court order
Activist re-agitates invocation of FR petition
Dr. Ajith C.S. Perera, activist for the accessibility rights of disabled persons, has filed a Fundamental Rights (FR) petition in the Supreme Courts, to ensure compliance of existing regulations on accessibility.
Supported by an Affidavit and testimonials from two eminent medical doctors, he has prayed to implement the written laws and ensure compliance with existing Regulations on Accessibility concerning the buildings the public needs to use in daily life, without further delay.
The petition was taken up last Thursday by a Bench comprising Ju st iceVji th Malalgoda and Justice Murdhu Fernando.
The petitioner pleaded that the Supreme Court, in 2011, directed 70 respondents that compliance with the existing laws is mandatory, to issue the Certificate of Conformity ( CoC) for new Buildings the public needs to use in daily life
Dr Perera said, the Ministry of Social Services, on October 16, 2006, has promulgated a comprehensive detailed set of regulations approved unanimously by Parliament, clearly stipulating the design and space requirements and safety measures and thereby, specifying the manner in which the parts identified in the Access Regulations of new buildings, shall be constructed.
Since 2011, a proliferation of public buildings has been witnessed and he pointed out that, an estimated 20% of Sri Lanka’s population – the largest minority group of citizens - is with restricted ability.
He said, despite valiant renewed attempts over 12 years and granting of 3 extensions of the deadline, the implementation of the accessibility regulations and the order by the Supreme Court has been slow.
He further said, there is a growing urgent need to arrest obtaining the CoC in an evasive manner, without proper compliance, due to the failure, negligence or willful of the respective regulatory authorities.
The Petitioner stated that he filed a Public Interest FR Petition in 2009.
Earlier, all respondents were repeatedly given time to file their views, Objections and Affidavits, then Discussed and argued for over a month, before the Court order on April 27, 2011.
The court ordered to com- ply with the Accessibility Regulations and stating it was mandatory in order togain approval of building plans, to certify the buildings on completion and to issue the Certificate of Conformity.
It held that failure to comply with this Court Order shall be considered a serious punishable offence.
He said a 11 year total period to comply in terms of the said Regulations had expired on October 16, 2017, and further one ( 1) year period has also elapsed.
The Petitioner states that, in the face of the rampant non- compliance of the Accessibility Regulations and an Order even of the Apex Court, increasing number of people have become physically inactive, excluded from meaningful participation in the economic and social life, with equality of treatment and with dignity as fully fledged Citizens, pushing them towards poverty with loss of productive opportunities, potentially crippling their lives.
He said, in spite of increasing physical hardship and several health related issues, it has thus become incumbent on the Petitioner to re-agitate the invocation of the FR petition.
Dr Perera is a well-qualified professional with over 12 years of senior managerial experience. In November 1992, he was left instantly paralysed waist down for life, from a grievous injury caused by a falling roadside tree.
Since 1999, he has pioneered the campaign for ‘Accessible Sri Lanka for all through design of built environments.
The hearing was fixed for November 15 after court ordered to issue notice on respondents.
Since 2011, a proliferation of public buildings has been witnessed and he pointed out that, an estimated 20% of Sri Lanka’s population – the largest minority group of citizens - is with restricted ability.