Karnataka High Court
N Shreyas vs The Bangalore Metropolitan Transport ... on 15 November, 2024
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NC: 2024:KHC:46551-DB
WP No. 10744 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT PETITION NO. 10744 OF 2022 (GM-RES) PIL
BETWEEN:
1. N SHREYAS
AGED ABOUT 27 YEARS
S/O D. NAGARAJ
R/AT NO.80, 17TH C MAIN
11TH CROSS, SECTOR 4
HSR LAYOUT
BANGALORE - 560 102
2. SHREYAS GLOBAL TRUST FOR SOCIAL CAUSE
HAVING ITS OFFICE AT NO.80
17TH C MAIN, 11TH CROSS
SECTOR 4, HSR LAYOUT
Digitally BANGALORE - 560 102
signed by REPRESENTED BY ITS CEO
AMBIKA H B KRUTHIKA N
Location: AGED ABOUT 20 YEARS
High Court PERMANENTLY R/AT No.80
of Karnataka 17TH C MAIN, 11TH CROSS
SECTOR 4, HSR LAYOUT
BANGALORE - 560 102
...PETITIONERS
(BY SRI N. SHREYAS, ADVOCATE)
AND:
1. THE BANGALORE METROPOLITAN
TRANSPORT CORPORATION
CENTRAL OFFICE
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NC: 2024:KHC:46551-DB
WP No. 10744 of 2022
SHANTI NAGAR
BANGALORE - 560 027
REPRESENTED BY ITS
MANAGING DIRECTOR
2. THE KARNATAKA STATE ROAD
TRANSPORT CORPORATION
TRANSPORT HOUSE, K H ROAD
SHANTI NAGAR
BANGALORE - 560 027
REPRESENTED BY ITS
MANAGING DIRECTOR
3. THE STATE OF KARNATAKA
THROUGH THE DEPARTMENT OF TRANSPORT
M S BUILDING
BANGALORE - 560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
4. THE STATE OF KARNATAKA
THROUGH DEPARTMENT OF WOMEN
AND CHILD DEVELOPMENT
M S BUILDING
BANGALORE - 560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
...RESPONDENTS
(SRI P.D.SURANA, ADVOCATE FOR RESPONDENT NOS.1 AND 2
SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.3 AND 4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT
NO.1 TO RESUME THE SERVICES OF THE AUDIO
ANNOUNCEMENT SYSTEM IN BMTC BUSES AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC:46551-DB
WP No. 10744 of 2022
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The present public interest petition is an instance where the locus standi of the petitioner as public interest petition as well as the cause sought to be espoused, ideally fit in within the concept of public interest and the norms for exercise of public interest jurisdiction.
1.1 The subject matter and the cause advanced is about the right to accessibility for the persons with disability in terms of availing them the facility in the area of public transport utility through operation of Audio Announcement System in buses. 1.2 The petitioner No.1 is himself a visually impaired, who is also a practicing Advocate and as stated by him, has been commuting more often than not in the public transport buses run by the respondents. Petitioner No.2 is a non-profit organization engaged -4- NC: 2024:KHC:46551-DB WP No. 10744 of 2022 in the activities of upliftment of status of the persons with disability and differently abled persons in the society.
2. Right to accessibility is a fundamental right. It is a right to be availed actively and emphatically to the persons with disabilities or to the class of persons who are differently abled persons, either physically or mentally. Right to Life under Article 21 of the Constitution which engulfs the right to live with dignity necessitates that for the class of differently abled persons accessibility is ensured to enable them to live life with dignity, equality and equal opportunities to achieve for them to lead life by remaining in the main stream of the society.
2.1 Section 3 of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as "PwD Act") mandates the appropriate government to ensure equality and non-discrimination for the persons with disabilities. The provision is extracted hereunder, "3. Equality and Non-Discrimination.- (1) The appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 (2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim.
(4) No person shall be deprived of his or her personal liberty only on the ground of disability. (5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities." 2.2 Similarly, Section 41 of the PwD Act provides for access to transport for such class of persons. The Section is as under, "41. Access to transport.--(1) The appropriate Government shall take suitable measures to provide,--
(a) facilities for persons with disabilities at bus stops, railway stations, and airports conforming to accessibility standards relating to parking spaces, toilets, ticketing counters, and ticketing machines;
(b) access to all modes of transport that conform to the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design;
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(c) accessible roads to address mobility necessary for persons with disabilities. (2) The appropriate Government shall develop schemes programs to promote the personal mobility of persons with disabilities at an affordable cost to provide for,--
(a) incentives and concessions;
(b) retrofitting of vehicles; and
(c) personal mobility assistance."
2.3 The State is enjoined to promote the rights of persons with disabilities to fruition in accordance with the principles of reasonable accommodation and non-discrimination. 2.4 The subject of the present public interest petition is guided by the above salutary statutory mandate that in any walk of life and in all spheres of activities, the persons with disabilities are able to enjoy the right to accessibility, in turn, can live dignified life with their fellow members of the society.
3. The petitioner named, N. Shreyas who himself is a visually impaired person, filed the present petition along with petitioner No.2-Shreyas Global Trust for Social Cause, which is a non-profit -7- NC: 2024:KHC:46551-DB WP No. 10744 of 2022 organization working for the upliftment of social status of differently abled persons.
3.1 The grievance raised by the petitioners is that two respondent-authorities, named the Bengaluru Metropolitan Transport Corporation (BMTC) and the Karnataka State Road Transport Corporation (KSRTC) discontinued the audio announcement system/audio interpretation system which was meant for assisting the visually impaired persons which was used in all buses run by respondent No.1-BMTC and Volvo (Vajra) buses which were started three years ago before filing of the petition, that is, in the year 2022. In the said system, the audio announcers used to make announcement at the bus-stops in both Kannada and English languages to help out the visually impaired persons to recognize the bus, the bus stop and thus prepare themselves in advance for embarkment in the bus or for getting down from the bus at the destination stop.
3.1.1 The case of the petitioners was that the said laudable system was gradually discontinued and withdrawn from the buses. Petitioner No.1 stated that he had have been using the buses of -8- NC: 2024:KHC:46551-DB WP No. 10744 of 2022 BMTC for commuting to college, to his work place and for going to the courts. Petitioner No.1 is also an advocate practicing in the High Court of Karnataka and a resident of Karnataka. 3.1.2 It is stated by the petitioners that there have been instances that petitioner No.1 had to get down at wrong stop due to lack of guidance. As was rightly averred, this is not an issue or the case with the petitioner alone but the difficulties of such nature as are faced by petitioner No.1, is a common hardship suffered by the entire visually impaired community. There was no reason to withdraw the facility, stated the petitioners. It was stated that on account of withdrawal, the visually impaired community, at large, have to negotiate hardships every-now-and-then. 3.1.3 It was contended that the withdrawal of the above announcement system violated Section 41 of the Persons with Disabilities Act which provides that the government shall develop schemes and programmes to promote personal mobility of the persons with disabilities at affordable cost. It was contended that the audio announcement system which was already prevalent was required to be restarted after repairing the system to reintroduce -9- NC: 2024:KHC:46551-DB WP No. 10744 of 2022 the facility in respect of all buses in Karnataka in furtherance of the object and purpose of the Persons with Disabilities Act. 3.2 Respondent Nos.1 and 2 are the organs of the State of Karnataka. Therefore, the State of Karnataka through the Department of Transport and the State of Karnataka through the Department of Women and Child Development are also arraigned as respondent Nos.3 and 4 in the petition. 3.3 The prayer was therefore made to direct respondent No.1- BMTC, to resume the services of audio announcement system (AAS) in BMTC buses. It was further prayed to issue mandamus to direct both the respondents to extend the facility of audio announcement system to all buses, that is, BMTC buses and Volvo (Vajra) buses.
3.4 It has to be observed that the positive duty is cast on the authorities of respondent Nos.1 and 2 under Section 41 of the Persons with Disabilities Act to ensure that smooth transportation facility within the city becomes accessible for the persons with disability and in availing this right of accessibility providing with
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 audio announcement system for all general and suburban transport has to be maintained. It is to be noted that Section 40 of the Persons with Disabilities Act requires the government to formulate the rules for persons with disabilities laying down the standards of accessibility for the congenial physical environment, transportation, information and communication including appropriate use of technological tools. It could be contended that this provision has remained on paper. The essential facilities such as audio announcement system was withdrawn.
3.4.1 The Right of Persons with Disabilities Act, 2016 replaced the Persons with Disability Act, 1995. In Sunanda Bhandare Foundation Vs. Union of India, [(2014) 14 SCC 383], the Supreme Court highlighted the purpose and object thus, "... the beneficial provisions of the 1995 Act cannot be allowed to remain only on paper for years and thereby defeating the very purpose of such law and legislative policy. The union, States, Union Territories and all those upon whom obligation has been cast under the 1995 Act have to effectively implement it. As a matter of fact, the role of the governments in the matter such as this has to be proactive. In the matters of providing relief to those who are differently abled, the approach and attitude of the executive must be liberal and relief-oriented and not obstructive or lethargic. A little concern for this class who are
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 differently abled can do wonders in their life and help them stand on their own and not remain on mercy of others. A welfare State, that India is, must accord its best and special attention to a section of our society which comprises of differently abled citizens. This is true equality and effective conferment of equal opportunity."
(para 9) 3.4.2 In Vikas Kumar Vs. UPSC, [(2021) 5 SCC 370], the principle of reasonableness and its importance in ensuring the principle for promoting individual dignity for persons with disability was highlighted to observe that the individual dignity undergirds the 2016 Act. It is intrinsic in the object of the Act to recognize the worth of every person as an equal member of the society availing the fostering conditions to every individual in accordance with his or her capacity, will help such persons evolve with autonomy independence and dignity.
3.4.3 It was observed that 2016 Act travels beyond the idea of non-discrimination or beyond imposing restraints on discrimination against the disabled persons. It casts rather, positive obligation on the State to secure realization of the rights of this class of persons. The provisions of the Act recognizes the access to a range of public and private entitlements for the persons with disability. The
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 disability should not operate as a barrier, societal difference, discrimination or as a debility for them vis-à-vis the rest of the members of the society.
3.4.4 The provisions of the Act advocate the principle of reasonable accommodation. The word "accommodation" to be understood and applied in holistic manner to cover the vast area of accessible rights and opportunities. The ultimate idea is the equal participation to the class of differently abled persons as equal members of the society and to eliminate all kind of prejudicial dispensation against such class.
3.5 It was highlighted by the petitioners that the Delhi Metro has the audio announcement system operating to help the persons who are visually impaired. In Rajiv Raturi Vs. Union of India which was Civil Appeal No.243 of 2005, the Apex Court gave guidelines and issued directions for making provisions for accessibility of visually impaired persons to inter alia direct that 10% of the government owned public transport carriers will have to be made fully accessible by March, 2018.
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 3.6 This Court in course of the hearing of the petition passed order on 03.10.2023 to observe as under, "It is pertinent to note that several cities in India has developed digital apps to provide real-time information about public transportation, including bus & metro schedules and route maps & alerts, which include accessibility features such as voice commands and screen reader compatibility to make them more inclusive for physically disabled and visually impaired individuals. A few examples would include Delhi Transport Corporation (DTC) App, Bengaluru BMTC App, Kolkata Transport App, Mumbai Local Train Timetable Apps and Chennai MTC Bus Tracker App. Endeavour of such kind may have its own limitations and that a long journey is yet to be covered to achieve accessibility in the public transport system. However, there also exists the potential to reap benefits in other aspects of society whereby either an improvement that results in greater access to transport vehicles and to destinations; that increases participation in the economy. Similar concerns were addressed in the 165th Roundtable Report on the Economic Benefits of Improving Transport Accessibility by International Transport Forum & OECD (2017)."
4. Heard learned Advocate Mr. N. Shreyas for the petitioners. Learned Advocate Mr. P.D. Surana for respondent No.2 and learned Additional Government Advocate Ms. Niloufer Akbar for respondent Nos.3 and 4. All the learned Advocates assisted the
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 Court in carrying further the cause and the grievance advanced in this public interest petition. Learned Advocate for the respondents highlighted the contents of the Affidavit filed by them respectively. 4.1 The case and grievance in the petition was responded by respondent No.1-BMTC which operated buses in the metropolitan area of the City of Bengaluru and its suburbs. It enumerated the steps taken by it to provide accessibility to the persons with disability or the visually impaired persons to travel in the buses operated by it. It is firstly stated that KSRTC has issued 2053 free bus passes to the visually impaired persons living within the area of operation of BMTC. It is secondly stated that the said class of persons have been using the buses and the passes are valid in all buses, except premier buses.
4.1.1 Thirdly, it is stated that in utilizing the buses there is no restriction regarding the distance of travel or the restriction as to the number of journeys which may be undertaken by the visually impaired persons. It is fourthly stated that the pass holders are permitted to travel in all the buses operated by the sister corporations in the State of Karnataka. In the fifth place it is given
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 out that respondent No.1-BMTC has reserved 4 seats for the persons with disability in all the buses, out of which 2 seats are for male and 2 for female persons. In all, it is stated that 53,000 trips are operated within the city area.
4.1.2 Respondent No.1 has come out with the figures to state that it is owning 6234 buses, out of which 5694 buses are fitted with voice announcement system. In 540 buses, the facility was not fixed at the time when they were purchased and that now the said buses have gone old and they will be scraped within short time, the voice announcement facility is not fitted in these buses. 4.1.3 It is further stated that in 720 buses, the facility requires to be repaired and the respondent has been taking steps to repair and regain the voice announcement facility in these 720 buses. It is averred that the suppliers are impressed upon to ensure that the defects are rectified. It is stated that buses which are going to be scraped within a few months would be spared from placing the voice announcement system therein. It is claimed that voice announcement facility will be made functional totally in, 1616 buses which would include the new buses which would be replaced.
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 4.1.4 Respondent No.1 has spoken about a project which may be floated with automotive company to provide solution for accessibility to physically impaired class of commuters. It is stated in paragraph 5 of the affidavit, "An automotive company has come forward to provide a solution to provide easy accessibility to the visually impaired persons. The BMTC is in the process of commencing the trial of the project with the said company in its 10 buses that would assist the visually impaired persons to board the BMTC buses. In the event the test results were go satisfactorily the project may be implemented in another 500 buses. The same will help the visually impaired persons to board the bus of their destination and easily reach their destination."
4.1.5 It is stated about the operational system of the proposed project as under, "The project envisages of providing a component having two buttons to the user of the buses. The voice announcement system will be fixed near the front door of the buses. On pressing the 1st button by the user, the voice announcement system will provide information of the route and destination of the bus. If the user desires to board the bus he has to press the 2nd button. On pressing the 2nd button, a red light will alert the driver which will facilitate the driver to extend the facility to board the bus."
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 4.1.6 Following further facts are given in the affidavit by BMTC,
(i) BMTC has entered into agreement for inducting 921 electrical buses. The agreement is entered into on 16.12.2022.
(ii) This agreement contemplates for provision of voice announcement system by the operator of the buses with warranty period of 12 years.
(iii) These buses will be supplied under the Gross Cost Model. As per this model, the supplier of the buses will have to maintain and operate these buses on the routes selected by the BMTC for the agreed period of 12 years.
(iv) Tender Notification dated 17.10.2023 is already issued to purchase 320 electric AC low floor buses which are fitted with voice announcement system.
4.2 BMTC in its affidavit-in-reply has fairly accepted that the petitioner is a visually impaired practicing advocate. It is also accepted as correct position that petitioner No.2 is a non-profit organization rendering services to help out the visually impaired persons.
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 4.3 It is contended that the voice announcement system from the buses is not withdrawn but, the facility is under repair to be reintroduced. The crux of the affidavit is that in the buses which are old and are going to the scrap yard, BMTC may not introduce the audio announcement system. However, in the other buses which are under use and those new buses to be procured and purchased will have the announcement facility. Further stated that the BMTC has proposed to purchase large number of buses with low floor to facilitate boarding by the visually impaired and aged persons.
4.4 While evincing such stand in the affidavit, BMTC has produced relevant documents in support and fortification of the contents mentioned in the affidavit.
4.5 Respondent No.2-Karnataka State Road Transportation Corporation (KSRTC) has also filed its affidavit-in-reply to highlight the various measures taken by it in the area of providing accessibility to the differently abled persons or visually impaired persons for convenient travel in the buses operated by KSRTC.
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 4.5.1 KSRTC has stated thus in paragraph 3, "The KSRTC has issued 8,487 free bus passes to the visually impaired persons in the area of its operations. The KSRTC is operating 586 buses city services of the Karnataka providing facility for travelling in 12 cities. These are all short route buses and they do not have multiple stops. The KSRTC is also operating 6738 Express & Mofussil services in the area of its operations. In all the buses operated by the respondents, the conductors and drivers are lending all assistance to the physically disabled persons/ visually impaired persons to board and alight the buses at all destinations and facilitate their journey in a hospitable manner."
4.5.2 In the very paragraph, the KSRTC has elaborated as to how the system would operate to the benefit of the visually impaired class of persons, "The Driver/Conductors will announce the name of the stop to enable the passenger to know the place where the bus has halted. The drivers/conductors are very hospital to this section of the society and they are rendering the services to all these needy passengers. The services rendered by the drivers and conductors are monitored by the supervisory staff. Till now no complaints are received by any of the physically handicapped persons travelling in these buses. All the officers of the Respondents are giving priority to attend to the needs of the passengers who are physically disabled."
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 4.5.3 The KSRTC has referred to the pilot project. It is also mentioned by BMTC in its affidavit. It is additionally stated that the pilot project will be introduced in Mysuru City wherein 20 buses are operated. It is stated that under the said project, the voice announcement system will be fixed near the door of the buses. On pressing the first button by the user of the system, information will be available about the route and the destination. One can board the bus by pressing the second button. Upon pressing of the second button, the red light will alert which will be the indication to the driver to hold the bus till the passenger boards the bus. The correspondence showing the details of the pilot project and the devices to be used therein are made part of the affidavit. 4.6 In further affidavit filed by the BMTC, it has given the details of number of buses which will be scraped during the coming months, to further state that the scrap buses will be replaced by new buses for which the purchase order is already issued and 921 electric buses would be inducted between the period from December 2023 to June 2024.
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 4.6.1 It is mentioned that voice announcement system is made functional in 938 buses at the estimated cost of Rs.3,12,78,562.08 and that in 476 buses such facility is not provided having regard to the age of those buses and in view of likelihood of those buses required to be scrapped.
4.7 Steps taken from time to time regarding introduction of voice announcement system in the buses are summarized in the last affidavit filed on behalf of BMTC to mention are (i) Out of 6234 buses operated as on 07.11.2023, in 2685 buses, the voice announcement system is operational. (ii) After 07.11.2023 and by 18.12.2023, the repair works were undertaken and the voice announcement system in 897 buses were reintroduced and made functional. (iii) 3582 buses were operating with voice announcement system as on 18.12.2023. (iv) Out of 2562 buses, 1148 buses will be scraped. (v) In 938 buses, the voice announcement system is required to be made functional.
(vi) Tender Notification is issued and party named, M/s. Aargee Equipments will be the supplier of 944 sets of voice announcement system for which, purchase order dated 19.03.2024 is issued. A
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 copy of the purchase order is produced. The purchase order buys buses from M/s. Ashok Layland.
4.7.1 It is also stated that BMTC is set to introduce 320 electric buses under the Gross Cost Model which is under special scheme for operation of the buses. The buses of this kind will be operated by M/s. Ohm Global Mobility Pvt. Ltd., Chennai. In this regard, it is further stated that the BMTC is given letter of acceptance dated 13th March 2024. In addition to this, the details are also given as to the number of buses proposed to the scheme monthwise and the actual number of buses sent for scrap so far.
5. In the present time, convenient and comfortable access to the public transport system is a kind of reasonable accommodation and a right which must be extended to the class of persons who are visually impaired or who suffer from any other kind of disability to become differently abled persons. A visually impaired person unless properly guided, would find it extremely difficult to recognize the buses, the time and the place of embarkment to the buses and the bus stop where he would be intending to get down.
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 5.1 A loud speaker system with announcement is of immense help to a visually impaired or blind person. In withdrawing such facility, the respondent-authorities indeed had not only disregarded, negatived the statutory mandate and the laudable ideals of equality and social justice to the class of differently abled persons including the visually impaired persons.
5.2 The petitioners made representations to the authorities to restore the audio announcement system in the buses. Petitioner No.1 took pains to make out efforts and undertake research as any genuine public interest petitioner would be expected to undertake before filing public interest petition. Unless bounded by solid facts and research based cogent material, public interest petition remains a weak appeal to the Court. In the present case, not only the cause itself was genuine, it has addressed grievance with the pains taken by the petitioner.
5.3 The petitioner even interviewed persons who either suffer from visual impairment or were blind to know their difficulties in accessing to BMTC buses and traveling in the buses. Questions were asked as to what was the experience of such persons with or without audio announcement facility.
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 5.3.1 One Vatsala stated in her reply, "I always get down the wrong stop only.
Because, one thing, I always don't trust the conductors. They have their own work to do and they need not remember my stop where I need to get down. Ah, I rely on the mobile applications, suddenly you know sometimes the network drops or unnecessary traffic. So sometimes there are possibilities of missing. Or I won't use, like my mobile charge would be like down, so I don't depend on that. At that time I might lose stops. There are possibilities, Visually impaired do miss location."
5.3.2 One Selvi stated that often the music is played and that she was not able to hear the stop or anything. She stated further, "And if we by mistake miss the stop and will get down in next stop, the conductors will get so angry. Don't know from where he will get such anger?"
5.3.3 One Ramanjaneya too was interviewed, who stated that when once the bus stopped at the signal, he tried to get in but, was not allowed. The door itself was not opened by the conductor or driver.
5.4 The interviewers were disappointed with the conductors and drivers of the public transport buses in respect of their behaviour and want of helping nature towards the persons with physical
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 disablement or visually impairment. The complaints and grievance approach of bus conductors and bus drivers in this regard given out by many differently abled commuters interviewed by the petitioner indeed show the depricable dispensation and mindset of the society towards the persons with disability or differently abled persons. A meaningful right to accessibility must be availed to the persons of such class of the society by resetting our mindset to compassion and sensitivity rather than breach and avoidance.
6. Thus, it has been noticed that various steps and measures have been taken by the respondents-BMTC and KSRTC to reintroduce the Audio Announcement System in respect of the buses run by the respondents for the benefit of the persons with disabilities.
7. It is to be noted with satisfaction that the authorities have reengaged themselves in their commitment to provide convenience and right to accessibility by commencing, which was earlier discontinued the Audio Announcement facility at the bus-stop. The measures in this regard include fitting of the system in all the new buses and all the buses which are not to be scrapped in the near
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 future and also of providing loud speaker system and equipping the system with modern technology and advance buses.
8. It goes without saying that all the measures indicated by the respondents which are already taken and proposed to be taken would work to help not only the class of persons who are visually impaired, but all the categories of differently abled persons while and when they use the public transport system.
9. The proceedings of the petition indeed turned out to be a non-adversial litigation, as all genuine public interest petitions ought to be.
10. In light of all the above, the Court is inclined close the present public interest petition, however by issuing the following directions to the authorities, by which the present petition stands disposed of,
(i) The Audio Announcement System should be continued to be operated efficiently in respect of the buses run by the respondents for the benefit of differently abled persons or persons with disability.
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(ii) At the different bus-stops and the points of embarkment and destination, the loud speaker system should be operated to guide the differently abled persons to facilitate their movement to enter and exit the buses.
(iii) The respondents shall introduce advance technological equipments and facilities in the above regard. The local authorities concerned shall earmark sufficient funds in the budgetary provision for this scheme to be continuously operated.
(iv) A team of supervising employees should be deployed at the major points/bus-stops to physically guide, assist and help to the persons with disability, so that they can have the benefits of the Audio Announcement System effectively and fruitfully.
(v) Within next two years, the respondent State shall ensure by taking necessary steps that the Audio Announcement System for the benefit of persons with disability is operated and made available at all major
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NC: 2024:KHC:46551-DB WP No. 10744 of 2022 bus-stops and points in each District and Taluka places, to be expanded for its coverage.
11. The case is won when justice is done.
Copy of this judgment and order shall be forwarded to the Secretary, Department of Transport, State of Karnataka, Secretary, Department of Women and Child Development, both of which authority shall act in coordination. The copy of this judgment and order shall be sent to the Managing Directors of the Bengaluru Metropolitan Transport Corporation and the Karnataka State Road Transport Corporation for ensuring effective implementation of the directions above.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE AHB List No.: 1 Sl No.: 20