Disabled rights infringed due to no safe access:

SC grants leave to proceed in FR case

Sandasen MARASINGHE

The Supreme Court yesterday granted leave to proceed with the fundamental rights application filed alleging that the rights of the disabled persons have been infringed by not implementing safe access requirements for the disabled to the buildings of Ministries, Government departments and private institutions to which the public has access.

The Supreme Court bench comprised of Chief Justice Sarath N. Silva PC, and Justices P.A. Ratnayake and S.I. Imam.

The Petitioner, Dr. Ajith C.S. Perera, cited 67 respondents including Cabinet of Ministers and the Chief Secretaries to the Chief Ministers.

The petitioner filing the application stated that he was a Chartered Chemist by profession and he became disabled after an accident.

He stated that the rights of the disabled have been guaranteed under the Protection of the Rights of Persons With Disabilities Act No. 28 of 1996 and the Disabled Persons (Accessibility Regulations ) Regulations No. 1 of 2006.

He also stated that the rights of the disabled persons have been neglected, unrecognized and un-addressed in the process of the construction of new buildings as well as the renovations and reconstruction of the existing buildings and places which the members of the public need to access.

He further stated that these disabled persons include the significant number of war heroes who become disabled while safeguarding the motherland and the elderly persons.

Attorney Sanjeewa Jayawardene appeared for the petitioner with Ms Sandamali Chandrasekara instructed by the Sudath Perera Associates.