DISABLED RIGHTS GROUP & ANR. versus UNION OF INDIA & ORS.
[2017] 12 S.C.R. 988, Supreme Court of India, 2017
Outcome: Directions issued
Segment: Issues
A 
B 
[2017] 12 S.C.R. 988 
DISABLED RIGHTS GROUP & ANR. 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 292 of2006) 
DECEMBER 15, 2017 
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.] 
Rights of Persons with Disabilities Act, 2016 - ss.2(i), (k), 
(v), (w), (zd) and (ze), 16, 25(I)(h), 31, 32, 34, 40 and 89 - Public 
C 
interest litigation, originally confined to law colleges hut later 
extended to encompass all educational institutions, raising various 
issues in relation to persons with disabilities, viz. (i) implementation 
of 3% reservation of seats in educational institutions; (ii) providing 
proper access to orthopaedic disabled persons so that they are able 
to freely move in the educational institutions and access the facilities 
D . and (iii) making adequate provisions and facilities of teaching for 
disabled persons - Held: Re: Issue no. (i)- All the institutions covered 
by obligations as stated u/s.32 of the 2016 Act providing for 
reservation of seats for persons suffering with disabilities, shall 
comply with the same while making admission of students in 
E educational courses of higher education each year - Re: Issue 
nos.(ii) & (iii)- Suggestions given by the petitioner in the form of 
"Guidelines for Accessibility for Students with Disabilities in 
Universities/Colleges", to be considered by UGC w.r.t its feasibility 
by constituting a Committee - The Committee shall undertake a 
detailed study for making provisions in respect of accessibility and 
F 
teaching
facilities and also suggest the modalities for implementing 
those suggestions, their funding and monitoring, etc. - Rights of 
Children to Free and Compulsory Education Act, 2009 - Persons 
with Disabilities (Equal Opportunities, Protection of Rights and Full 
Participation) Act, 1995 - ss.39, 45 and 46. 
G 
While passing directions, the Court 
HELD: (I) Re: 3% Reservation of Seats in Educational 
Institutions 
1.1 As per Section 39, Persons with Disabilities (Equal 
Opportunities, Protection of Rights and .Full Participation Act), 
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988
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
989 
& ORS. 
1995, all Government educational institutions as well as other A 
educational institutions which are receiving aid from the 
Government are supposed to reserve seats for the benefit of 
persons with disabilities, which reservation shall not be less than 
3%. Thus, 3% of the seats is the minimum reservation and it can 
be even more than 3%. [Para 4] [994-D-F] 
I3 
1.2 Rights of Persons with Disabilities Act, 2016 makes 
more exhaustive provisions insofar as providing of educational 
facilities to the persons with disabilities is concerned. Section 31 
confers right to free education upon children with benchmark 
disabilities who are between the age of 6 to 18 years. This 
C 
provision is made notwithstanding anything contained in the 
Rights of Children to Free and Compulsory Education Act, 2009. 
Section 32 makes provisions for reservation in higher educational 
institutions. Section 34 provides for reservation in employment. 
The educational institutions covered by Section 32 are not only 
the Government institutions of higher education but all those D 
higher education institutions which arc receiving aid from the 
Government. Other pertinent aspect is that the extent of 
reservation is increased from 3% under Disabilities Act, 1995 to 
5% under this Disabilities Act, 2016. One more important 
improvement made in Disabilities Act, 2016 over the earlier Act 
is that such provisions arc made for 'persons with bench
mark E 
disabilities'. [Paras 5, 6] (994-H; 995-A-B, D-E] 
1.3 All those institutions which arc covered by the 
obligations provided under Section 32 of the 2016Act shall comply 
with the provisions of Section 32 while making admission of 
students in educational courses of higher education each year. 
F 
They shall submit list of the number of disabled persons admitted 
in each course every year to the Chief Commissioner and/or the 
State Commissioner (as the case may be). It will also be the duty 
of the Chief Commissioner as well as the State Commissioner to 
enquire as to whether these educational institutions have fulfilled 
G 
the aforesaid obligation. Appropriate consequential action against 
those educational institutions, as provided under Section 89 of 
the Disabilities Act, 2016 as well as other provisions, shall be 
initiated against defaulting institutions. [Para 8] (995-H; 996-A-CJ 
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990 
SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
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{Ill &' (Ill) Re: Provision for accessibility as well as facilities 
1.4 Disabilities Act is premised on the fundamental idea 
that society creates the barriers and oppressive structures which 
. impede the capacities of person with disabilities. Capability 
theorists like Martha Nussbaum are of the opinion that there 
B 
cannot be a different set of capacities or a different threshold of 
capabilities for persons with disabilities. This raises the critical 
issue of creating a level playing field whereby aU citizens to have 
equality of fair opportunities to enable them to realise their full 
potential and experience well-being. To ensure the level playing 
. field, it is not only essential to give necessary education to the 
C persons suffering from the disability, it is also imperative to see 
that such education is imparted to them in a fruitful manner. That 
can be achieved only if there is proper accessibility to the buildings 
where the educational institution is housed as well as to other 
facilities in the said building, namely, class rooms, library, 
D bathrooms etc. ·Without that physically handicapped persons 
would not be able to avail and utilise the educational opportunity 
in full measure. [Para 10) [998-D-FJ 
E 
F 
1.5 Various theories on different models of disability have 
emerged, namely, the Social Model of Disability, the Medical 
Model of Disability, the Rights Base Model of Disability, the 
Model of
Ethical and Philosophical Status, the Economic Model 
of Disability etc. The Social Model of Disability locates disability 
as being socially constructed. through the creation of artificial 
attitudinal, organisational and environmental barriers. 
Impairment is regarded as being a normal part of the human 
condition, with everyone experiencing impairment differently and 
having different access needs. Life is accepted as including 
negative cx.pcrienccs, and ·impairment may be - but is not 
necessarily - one of them. Disabled people arc defined as being 
people who experience the unnecessary barriers created by 
G ·society within their daily life. Social Model of Disability has gained 
ground in the international debate. This views disability as a social 
construct and emphasizes society's shortcomings, stigmatization 
and discrimination in its reaction to persons with disability. It 
distinguishes between functional impairments (disability) both of 
a physical and psychologica.I nature, and the loss of equal_ 
H
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
99 l 
&ORS. 
participation in social processes that only arises through interaction 
A 
with the social setting (handicap). These developments have 
contributed to a new (WHO) model, which bears in mind social 
as well as functional and individual factors in its classification of 
h~alth and health-related areas. Keeping in view the above, 
proper facilities need to be provided to diffcrcntly-ablcd persons 
while having higher education. [Para ll) [998-F-G; 999-A-D) 
1.6 It is well recognised that everyone can learn; there is 
no such person as one who is ineducable; and that, accordingly, 
B 
all disabled persons (from whatever disability they arc suffering) 
have right to get not only minimum education but higher education 
C 
as well. Not making adequate provisions .to facilitate proper 
education to such persons, therefore, would amount to 
discrimination. Such requirement is to ensure that even a student 
with disability, after )>roper education, will be able to lead an 
independent, economically self sufficient, productive and fully 
participatory life. This rights-based approach is an inclusive D 
approach which calls for the participation of all groups of the 
population, including disadvantaged persons, in the development 
process. Inclusive development builds on the idea of 'Society 
for All' in which all people are equally free to develop their 
potential, contribute their skills and abilities for the common good
and to take up their entitlements to social services. It emphasises 
strengthening the rights of the people with disabilities, and foster 
their participation in all aspects of life. A disability is only actually 
a disability when it prevents someone from doing what they want 
or need to do. A lawyer can be just as effective in a wheelchair, 
as long as she has access to the courtroom and the legal library, 
as well as to whatever other places and material or equipment 
that arc necessary for her to do her job well. A person who can't 
hear can be a master carpenter or the head of a chemistry lab, if 
he can communicate with clients and assistants. A person with 
mental illness can nonetheless be a brilliant scholar or theorist. 
The aforesaid discussion amply justifies right of access to students 
with disabilities to educational institutions in which they arc 
admitted. It is pertinent to mention at this stage that in the 
guidelines for development grant to colleges framed by the 
University Grants Commission (UGC), the UGC has specifically 
E 
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992 
SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
A made prov1s1ons concerning 'schemes for persons with 
disabilities'. There is a specific scheme in respect of Higher 
Education for Persons with Special Needs (HEPSN). (Paras 12, 
13) ((999-E-H; 1000-B-C] 
1.7 In the circumstances of the case, following directions 
B are being issued: 
c 
D 
E 
(i) On the issue of reservation of scats in the educational 
institutions, the provisions of Section 32 of the Disabilities Act, 
2016 shall be complied with by all concerned educational 
institutions. In addition it is also directed that insofar as law 
colleges are concerned, intimation in this behalf shall be sent by 
those institutions to the Bar Council of India (BCI) as well. Other 
educational institutions will notify the compliance, each year, to 
the UGC. It will be within the discretion of the BCI and/or UGC 
to carry out inspections of such educational institutions to verify 
as to whether the provisions arc complied with or not. 
(ii) With respect to suggestions given by the petitioner in 
the form of "Guidelines for Accessibility for Students with 
Disabilities in Universities/Colleges" , the UGC shall consider 
the feasibility thereof by constituting a Committee in this behalf. 
In this Committee, the UGC would be free to include persons 
from amongst Central Advisory Board, State Advisory Boards, 
Chief Commissioner or State Commissioners appointed under 
the Disabilities Act. This Committee shall undertake a detailed
study for making provisions in respect of accessibility as well as 
pedagogy and would also suggest the modalities for implementing 
F 
those suggestions, their funding and monitoring, etc. The 
Committee shall also lay down the time limits within which such 
suggestions could be implemented. The Expert Committee may 
also consider feasibility of constituting an in-house body in each 
educational institution (of teachers, staff, students and parents) 
for taking care of day to day needs of differently abled persons as 
G well as for implementation of the Schemes that would be devised 
by the Expert Committee. This exercise shall be completed by 
June 30, 2018. [Para 17] [1005-F-G; 1006-D-E] 
Rajive Raturi v. Union of India & Ors. (Judgment dated 
15th December, 2017 of Supreme Court in Writ 
H 
Petition (C) No. 243 of 2005) - relied on.
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
993 
&ORS. 
All Kera/a Parents Association of the Hearing Impaired 
A 
v. State of Kera/a 2002 (7) SCALE 198 - referred to. 
Case Law Reference 
2002 (7) SCALE 198 
referred to 
Para4 
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 292 
B 
of 2006 
Under Article 32 of the Constitution of India 
WITH 
W. P. (C) No. 997 of2013. 
Ranjan Mani, Ms. Sita N. Pal, Ms. Jyoti Mendiratta,Anjani Kumar 
Mishra, Ms. Hardeep Kaur, Advs. for the Petitioners. 
Ms. Sunita Rani Singh, A. K. Srivastav, D. L. Chidananda, 
c 
R. R. Rajesh, Raj Bahadur Yacfav, V. Balaji, Ms. Sushma Suri, Ms. Asha 
Gopalan Nair, Kunal Cheema, Nishant Katncshwarkar, Arpit Rai, Ms. 
D 
Charu Mathur, G N. Reddy,Ardhendumauli Kumar Prasad, Ms. Taruna 
Ardhendumauli Prasad, Ms. Tajindcr Virdi, Dr. Sushi! Balwada, Advs. 
for the Respondents. 
The Judgment of the Court was delivered by 
A. K. SIKRI, J. l. Three issues arc raised in this petition which 
is filed in public interest, for the benefit of persons suffering from 
'disabililty' as per the definition contained in the Persons with Disabilities 
(Equal Opportunities, Protection of Rights and Full Participation Act) 
1995 (hereinafter referred to as the 'Disabilities Act, 1995') which now 
stands repealed and is rep laced by the Rights of Persons with Disabilities 
Act, 2016 (hereinafter referred to as the 'Disabilities Act, 2016'). The 
first issue related to the non-implementation of 3% reservation of seats 
in
educational institutions as provided in Section 39 of the Disabilities 
Act, 1995 and Section 32 of the Disabilities Act, 2016. Second equally 
important issue raised in this petition, which is intimately connected with 
E 
F 
the first issue, is to provide proper access to orthopaedic disabled persons 
G 
so that they arc able to freely move in the educational institution and 
access the facilities. Third issue pertains to pedagogy i.e. making adequate 
provisions and facilities of teaching for disabled persons, depending upon 
the nature of their disability, to enable them to undertake their studies 
effectively. 
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994 
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B 
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SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
. We may state at the outset that though the petition as originally 
filed had confined these issues only to law colleges. In view of the fact 
that these issues are of seminal importance, this Court decided to extend 
the coverage by encompassing all educational institutions. 
2. As can be discerned from the number assigned to this writ 
petition, it was filed in the year 2006 and. thus, is pending for eleven 
years. The reason was that this Court has been calling for the status 
· report(s) from the respondents/Government Authorities from time to time 
about the implementation of the Disabilities Act insofar as provisions 
relating to the aforesaid aspects are concerned. Since the matter was 
ripe for passing final orders and directions, we deemed it proper to hear 
the counsel for the parties at length so that the writ petition is disposed 
of by giving final directions in this behalf. 
(I) Re: 3% Reservation of Seats in Educational Institutions 
3. Section 39 of the Disabilities Act, J 995 reads as under: 
D 
"Section 39 : All Government educational institutions and other 
educational institutions receiving aid from the Government, shall 
reserve not less than three per cent seat for persons with 
disabilities." 
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F 
G 
H 
4. As per this provision, all Government educational institutions as 
well as other educational institutions which are receiving aid from the 
Government are supposed to reserve seats for the
benefit of persons 
· with disabilities, which reservation shall not be less than 3%. Thus, 3% 
of the seats is the minimum reservation and it can be even more than 
3%. This provision had come up for discussion before this Court in All 
Kera/a Parents Association of the Hearing Impaired v. State of 
Kera! a 1 and the Court issued following directions therein: 
"We ... hold that Section 39 deals with the reservation of seats for 
persons with disabilities in government educational institutions as 
well as educational institutions receiving aid from the government, 
and necessarily therefore the provison thereof must be complied 
with." 
5. Disabilities Act, 20 J 6 makes more exhaustive provisions insofar 
as providing of educational facilities to the persons with disabilities is 
concerned. Section 31 confers right to free education upon children with 
'2002 (7) Scale 198
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
995 
& ORS. [A. K. SIKRI, J.] 
benchmark disabilities who are between the age of 6 to 18 years. This 
A 
provision is made notwithstanding anything contained in the Rights of 
Children to Free and Compulsory Education Act, 2009. Section 32 makes 
provisions for reservation in higher educational institutions. Section 34 
provides for reservation in employment. Since, we are concerned with 
reservation of seats in educational institutions and as Section 32 directly 
B 
deals with the same, we reproduce that provision hereunder: 
"32. (1) All Government institutions of higher education and other 
higher education institutions receiving aid from the Government 
shall reserve not less than five per cent. seats for persons with 
benchmark disabilities. 
(2) The persons with benchmark disabilities shall be given an upper 
age relaxation of five years for admission in institutions of higher. 
education." 
c 
6. The educational institutions covered by this provision are not 
only the Government institutions of higher education but all those higher 
D 
education institutions which are receiving aid from the Government. 
Other pertinent aspect is that the extent of reservation is increased from 
3% under Disabilities Act, 1995 to 5% under this Disabilities Act, 2016. 
One more important improvement made in Disabilities Act, 2016 over 
the earlier Act is that such provisions are made for 'persons with bench 
mark disabilities'. This
expression is defined in Section 2(r) which reads 
E 
asunder: 
"Section 2(r) "person with benchmark disability" means a person 
with not less than forty per cent. of a specified disability where 
specified disability has not been defined in measurable terms and 
includes a person with disability where specified disabili_ty has 
F 
been defined in measurable terms, as certified by the certifying 
authority." 
7. It, thus, hardly needs to be emphasised that such educational 
institutions are bound to reserve seats for persons suffering from disability. 
Notwithstanding the same, grievance of the petitioner is that the 
G 
educational institutions have not been adhering thereto. 
8. No doubt, some progress is made in this behalf after the filing 
of this present petition and monitoring of the case by this Court, there is 
a need for complying with this provision to full extent. Accordingly, we 
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SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
direct that all those institutions which are covered by the obligations 
provided under Section 32 of the Disabilities Act. 2016 shall comply with 
the provisions of Section 32 while making admission of students in 
educational courses of higher education each year. To this end, they 
shall submit list of the number of disabled persons admitted in each course 
every year to the Chief Commissioner and/or the State Commissioner 
(as the case may be). It will also be the duty of the Chief Commissioner 
as well as the State Commissioner to enquire as to whether these 
educational institutions have fulfilled the aforesaid obligation. Needless 
to mention, appropriate consequential action against those educational 
institutions, as provided under Section 89 of the Disabilities Act, 20 l6 as 
well as other provisions. shall be initiated against defaulting institutions. 
(II) & (Ill) Re: Provision for accessibility as well as facilities 
9. In another judgment pronounced today itself in the case of 
Rajive Raturi v. Union of India & Ors. (Writ Petition (C) No. 243 of 
2005), this very Bench has given detailed directions for making 
appropriate provisions for accessibility of handicapped persons, though 
the scope of that petition was confined to persons suffering from visual 
impairment. However, various aspects discussed and directions given 
for making suitable provisions in this behalf would benefit persons suffering
from other disabilities as well. Therefore, the position oflaw discussed 
in detail in the said judgment and the directions issued therein need not 
be repeated for the sake of brevity. We would, however, recapitulate 
following provisions contained in Disabilities Act, 2016: 
Section 2(i) - 'establishment includes a Government establishment and 
private establishment" 
F · Section 2(k) - 'Government establishment' means a corporation 
established by or under a Central Act or State Act or an authority or a 
body owned or controlled or aided by the Government or a local altthority 
or a Government company as defined in section 2 of the Companies 
Act, 2013 (18 of20l3) and includes a Department of the Government. 
G 
H 
Section 2(v)- "private establishment" means a company, firm, cooperative 
or other society, associations, trust, agency, institution, organisation, union, 
factory or such other establishment as the appropriate Government may, 
by notification, specify; (w) "public building" means a Government or 
private building, used or accessed by the public at large, including a 
building used for educational or vocational purposes, workplace,
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
997 
& ORS. [A. K. SIKRI, J.] 
commercial activities, public utilities, religious, cultural, leisure or A 
recreational activities, medical or health services, law enforcement 
agencies, reformatories or judicial foras, railway stations or platforms, 
roadways bus stands or terminus, airports or waterways; 
Section 2(w)- "public building" means a Government or private building, 
used or accessed by the public at large, including a building used for 
educational or vocational purposes, workplace, commercial activities, 
public utilities, religious, cultural, leisure or recreational activities, medical 
or health services, law enforcement agencies, reformatories or judicial 
foras, railway stations or platforms, roadways bus stands or terminus, 
airports or waterways; 
Section 2(zd) - "transportation systems" includes road transport, rail 
transport, air transport, water transport, para transit systems for the last 
mile connectivity, road and street infrastructure, etc; 
B 
c 
Section 2(ze) - "universal design" means the design of products, 
environments, programmes and services to be usable by all people to the 
D 
greatest extent possible, without the need for adaptation or specialised 
design and shall apply to assistive devices including advanced technologies 
for particular group of persons with disabilities. 
Section 2(b)- "appropriate Government" means,-
(i) in relation to the Central Government or any establishment
wholly or 
E 
substantially financed by that Government, or a Cantonment Board 
constituted under the Cantonments Act, 2006 (41 of2006), the Central 
Government; 
(ii) in relation to a State Government or any establishment, wholly or 
substantially financed by that Government, or any local authority, other 
F 
than a Cantonment Board, the State Government. 
Section 16 mandates the appropriate Government and the local authorities 
to endeavour that all educational institutions funded or recognised by 
them provide inclusive education to the children with disabilities and 
towards that end shall make buildings, campus and various facilities 
G 
accessible. 
Section 25(l)(b) mandates the appropriate Government and local 
authority to take necessary measures for the persons with disabilities to 
provide barrier-free access in all parts of Government and private 
hospitals and other health care institutions and centres. 
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(2017] 12 S.C.R. 
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Section 40 mandates the Central Government to frame Rules and laying 
down the standards of accessibility for physical environment, 
transportation system, information & communication system and other 
. facilities & services to be provided to the public in urban and rural areas. 
Rule 15 deals with accessibility standards for public buildings, passenger 
B 
bus transport and information and communication technology. As regards 
public buildings, the accessibility standards prescribed under the 
Harmonised Guidelines and Space Standards for barrier-free built 
environment for persons with disabilities and elderly persons issued by 
Ministry of Urban Development have been adopted. This implies that 
all the public buildings are now required to conform to these standards. 
c 
10. It hardly needs to be emphasised that Disabilities Act is 
preniised on the fundamental idea that society creates the barriers and 
oppressive structures which impede the capacities of person with 
disabilities. Capability theorists like Mai1ha Nussbaum arc of the opinion 
that there cannot be a different set of capacities or a different threshold 
D 
of capabilities for persons with disabilities. This raises the critical iss.ue 
of creating a level playing field whereby all citizens to have equality of 
fair opportunities to enable them to realise their full potential and 
experience well-being. To ensure the level playing field, it is not only
essential to give necessary education to the persons suffering from the 
disability, it is also imperative to see that such education is imparted to 
E 
them in a fruitful manner. That can be achieved only ifthcre is proper 
accessibility to the buildings where the cducati.onal institution is housed 
as well as to other facilities in the said building, namely, class rooms, 
library, bathrooms etc. Without that physically handicapped persons would 
F 
not be able to avail and utilise the educational opportunity in full measure. 
11. Various theories on different models of disability have emerged, 
namely, the Social Model of Disability, the Medical Model of Disability, 
·the Rights Base Model of Disability, the Model of Ethical and Philosophical 
Status, the Economic Model of Disability etc2• It is not necessary to 
delve into these difforent models of disabilities. However, for the purpose 
G of the present case, some comments are required on the Social Model 
of Disability. The Social Model ofDisability locates disability as being 
socially constructed through the creation of artificial attitudinal, 
H 
2 For detailed discussion, see Thcoretizing the Models of Disability Philosophical 
Social and Medical Concepts-An Empirical Research based on existing Literature by 
Shanimon. S. and Rateesh. K. Nair
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
& ORS. [A. K. SIKRI, J.] 
organisational and environmental barriers. Impairment is regarded as 
being a normal part of the hwnan condition, with everyone experiencing 
impairment differently and having different access needs. Life is accepted 
as including negative experiences, and impairment may be - but is not 
necessarily- one of them. Disabled people are defined as being people 
who experience the unnecessary barriers created by society within their 
daily life. Social Model of disability has gained ground in the international 
debate. This views disability as a social construct and emphasizes 
society's shortcomings, stigmatization and discrimination in its reaction 
to persons with disability. It distinguishes between functional impairments 
(disability) both of a physical and psychological nature, and the loss of 
equal participation in social processes that only arises through interaction 
with the social setting (handicap). These developments have contributed 
to a new (WHO) model, which bears in mind social as well as functional 
and individual factors in its classification of health and health-related 
areas. Keeping in view the above, proper facilities need to be provided 
to differently-ab led persons while having higher education. 
12. Insofar as the rights base approach is concerned, that has 
been narrated in detail in Rajive Raturi~~ judgment. We may add that a 
basic underline assumption, which is well
recognised, is that everyone 
can learn; there is no such person as one who is ineducable; and that, 
accordingly, all disabled persons (from whatever disability they are 
suffering) have right to get not only minimum education but higher 
education as well. Not making adequate provisions to facilitate proper 
education to such persons, therefore, would amount to discrimination. 
Such requirement is to ensure that even a student with disability, after 
proper education, will be able to lead an independent, economically self 
sufficient, productive and fully participatory life. This rights-based 
approach is an inclusive approach which calls for the participation of all 
groups of the population, including disadvantaged persons, in the 
development process. Inclusive development builds on the idea of 
'Society for All' in which all people are equally free to develop their 
potential, contribute their skills and abilities for the common good and to 
take up their entitlements to social services. It emphasises strengthening 
the rights of the people with disabilities, and foster their participation in 
all aspects oflife. A disability is only actually a disability when it prevents 
someone from doing what they want or need to do. A lawyer can be just 
as effective in a wheelchair, as long as she has access to the courtroom 
999 
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SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
A 
and the legal library, as well as to whatever other places and material or 
equipment that are necessary for her to do her job well. A person who 
can't hear can be a master carpenter or the head of a chemistry lab, if 
he can communicate with clients and assistants. A person with mental 
illness can nonetheless be a brilliant scholar or theorist3• The aforesaid 
B . discussion amply justifies right ofaccess to students with disabilities to 
educational institutions in which they are admitted. 
13. It would be pertinent to mention at this stage that in the 
guidelines for development grant to colleges framed by the University 
Grants Commission (UGC), the UGC has specifically made provisions 
concerning 'schemes for persons with disabilities'. There is a specific 
C 
scheme in respect of Higher Education for Persons with Special Needs 
(HEPSN). This HEPSN scheme has three components, namely, 
D 
E· 
(i) Establishment of Enabling Units for differently-abled persons. 
The function of this unit as enumerated therein includes creating 
awareness about the needs of differently-ab led persons, and other general 
issues concerning their learning. This special w1it is to be guaranteed by 
a faculty member to be nominated by the Head of the Institution. 
(ii) Component 2 of the scheme deals with providing access to 
differently-abled persons. For this purpose, UGC agreed to make a 
one-time grant of up to Rs.5 lakhs per college during
the Plan period. To 
enable these institutions to make special arrangements in the environment 
for their mobility and independent functioning and to ensure that all existing 
structures as well as future construction projects in their campuses are 
made disabled friendly. 
(iii) Third component deals with providing special equipment to 
F 
augment educational services for differently-abled persons. It recognises 
that differently-abled persons require special aids and appliances for 
their daily fw1ctioning and that the higher educational institt1tes may need 
special learning and assessment devices in this behalf. In addition, visually 
challenged students need Readers. Thus, colleges are encourage to 
G 
procure such devices such as computers with screen reading software, 
low-vision aids, scanners, mobility devices etc. 
14. The petitioner had filed a compilation on February 22, 20 I 6 
containing suggestions, in the form of Guidelines, insofar as making 
'We have a celebrated examples of John Nash, a noted mathematician who earned 
H · laurels by getting noble prize and Stephen Hawkins.
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
1001 
& ORS. [A. K. SIKRI, J.] 
adequate infrastructure for providing proper access and also teaching A 
facilities (Pedagogy) for differently-ab led persons are concerned: 
(I) INFRASTRUCTURE 
(a) University/College Campus 
Barrier-free campus environment according to the provisions of B 
Section 45 and Section 46 of the Persons with Disability Act, 1995 and 
further according to 200 l guidelines issued by the Chief Commissioner 
for Persons with Disabilities entitled "Planning a Barrier Free 
Environment". Some specific examples - where a building is of more 
than 2 storeys, mandatory provision for lifts. Straight and barrier-free 
paths, removal ofobstacles such as plants, furniture or bicycles adjacent 
to doors, entrances, on the steps or in corridors. Unnecessary interior 
decoration of areas should be avoided where the same leads to impairment 
of the mobility of disabled persons. 
(b) On Campus Accommodation 
Priority assignment of on-campus/college hostel accommodation. 
Rooms assigned preferably on the ground floor. Suitable room and 
bathroom modifications in hostel such as provision of ramps and special 
fittings/adj us table furniture to facilitate mobility and comfort. Availability 
c 
D 
of attendant/helper/ assistant, as required, to help the disabled student 
with mobility and orientation in hostel. Special on-campus transportation 
E 
on as-needed basis. Where no on-campus accommodation is provided, 
scheme
for financial assistance to the disabled student for expenses for 
off-campus accommodation and related requirements such as helper/ 
attendant, transport to/from campus, etc. 
( c) Classroom 
F 
For visually impaired- Braille symbols at appropriate places in 
classroom buildings to assist with orientation. Auditory signals in elevators 
and lifts leading to classrooms. For students with low vision, adequate . 
lighting in the classroom via natural light or adequate provision of bulbs, 
tube lights, etc. Provision for recording of lectures. Power plug points 
G 
for visually impaired students to fit in their aids and appliances such as 
audio recorder, laptop, computer etc. Classroom acoustics to be designed 
so that all audio communication is clearly audible. 
For orthopaedic impaired- Classrooms in locations accessible 
to wheelchair users. Ramps in classroom buildings and adaptations in 
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[2017] 12 S.C.R. 
A 
toilets for wheelchair users and orthopaedic disabled persons. Seating 
priority in classrooms with adequate space for wheelchair users to move 
around. Avoidance of teaching platforms as being difficult to access for 
orthopaedic impaired persons. 
For hearing impaired - Clear and prominent signs indicating 
B 
locations of courses and classrooms to assist with orientation. Seating 
for the hearing impaired student as well as a note-taker, located such 
that lip movement of instructor and sign language interpreter can easily 
be seen. 
c 
D 
E 
F 
G 
( d) Science Laboratories 
Structure and layout modifications of the laboratories for safety 
and comfort of the visually impaired and orthopaedic impaired/wheelchair 
users. Use of Braille instruction sheets and tactile visual material. 
Availability of assistants for help with laboratory activities, particularly 
where some risk is involved, such as handling of chemicals. Sigh language 
interpreters for hearing impaired. 
( e) Libraries 
For visually impaired students, Braille section and fully accessible 
computer systems with scanning facilities, JAWS software and Braille 
embossers for printing. For low vision students, large print books and 
computers equipped with text enlarging software. Digital libraries. Library 
cataloguing on computer with JAWS. Sign language interpreters as 
required for hearing impaired. 
(f) Pedagogy (Teaching) 
·for visually impaired - Course
material in accessible formats 
such as Braille, audio books and electronic formats such as e-files -in 
'daisy' format. Availability of readers, note takers, scribes. Suitable 
curriculum modification and assistance esp. for scientific/pictorial/ 
graphical material and science laboratories. Computers with screen 
reading software, accessible library and reference materials. Availability 
of tape recorders/ digital voice recorders. 
For orthopaedic impaired-Note takers and scribes, as required, 
especially for persons with upper limb impairment. Suitable curriculum 
modification and assistance, especially in science laboratories. 
For hearing impaired-Note takers for classroom and provision 
H 
of laptop/computer for note taking.Sign language interpreters for
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
& ORS. [A. K. SIKRI, J.] 
communication support in seminars, meetings, discussions and at all 
university/college functions. Suitable curriculum modification and 
assistance for science laboratories. Sub-titling of classroom video 
material. Technological support for any other necessary and appropriate 
technology, including computer technology, to assist the hearing impaired 
student with learning. 
(g) Examination and Testing Modifications 
Extension of time, use of reader/scribe, use of computer/laptop. 
1003 
A 
B 
Availability of question papers in accessible formats, including large print, 
Braille, audio, daisy format. Option of writing exams on computer with 
screen reading software. Modification of pictorial and graphical material c 
for visually impaired. 
(h) University/College Administration 
Scribes, helpers and sign language interpreters for disabled students 
in interactions with university/college administration, especially for the 
admission process, meetings with staff/principal, on-campus company D 
recruitment interviews and communication with college officials such as 
career counsellors, student counsellors, psychologists and any other 
person attached to the university/college who provides services of any 
type to the students. Special admissions window for disabled students. 
Sensitivity training on disability to administrative and pedagogic staff. 
E 
(i) Sports, Culture, Recreation and Leisure
Facilities 
Universities/colleges to ensure that cultural/recreational programs 
take into account need of students with disabilities to provide for their 
full participation in such programs. Some specific examples in sports: 
rwrning courses/tracks to be straight where visually impaired and 
orthopaedic impaired students are participating. Special sporting events 
to be conducted such as cricket for visually impaired and special events 
according to para-olympic norms for orthopaedic iinpaircd. International 
norms to be modified where necessary to suit the needs of the disabled 
students. Trainers to be sensitized towards disability and inclusion and 
respective societies/associations to ensure that the information about 
events/contests reaches the disabled students also. Similarly, cultural 
activities with adequate modifications to be made available. For example, 
disabled students to be enabled to take part in theatre, literary, dance 
and music activities with the help of assistants. Hearing impaired students 
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c 
D 
E 
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SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
to be provided with an interpreter for sports and cultural activities of 
various types. 
15. Based on the aforesaid suggestions, the petitioner made written 
submissions on February 22, 2016, seeking following directions: 
"(a) For an order directing the UGC to carry out an inspection of 
the 3% reservation record of respondent Nos. 11, 12 and 13 to 
ensure that 3% reservation for persons with disabilities are complied 
with, including the backlog. 
(b) For an order directing the UGC to inspect all institutions of 
higher education to ensure that these institutions are made disabled 
friendly and make a report to the Central Executive Committee 
and the State Executive Committees who will, in turn, ensurethat 
the institutions are made disabled friendly. 
(c) For an order directing the UGC to consider the "Guidelines 
for Accessibility for Students with Disabilities in Universities/ 
Colleges" submitted by the petitioner pursuant to the order of this 
Com1 dated December 09, 2010 and after making such changes 
as deemed fit, to issue directions to all institutions of higher 
education, including law colleges, for compliance within a specified 
period." 
16. After coming into force the Disabilities Act, 2016, further 
directions are sought in tune with the provisions contained in the said 
Act, in the following manner: 
"(d) For an order directing the Central Government under Section 
40 of the
DisabilitiesAct,2016 to framethe rules for persons with 
disabilities laying down the standards of accessibility for colleges, 
universities and other higher educational institutions, including 
pedagogical measures such as reasonable accommodation, 
modifications and aids and appliances for lectures, curricula, 
teaching materials, laboratories, libraries, examinations, classrooms 
and hostels etc. within six months from today; and for a direction 
to the appropriate Governments to implement the said rules within 
two years from the notification of the said Rules in accordance 
with Section 46. 
( e) For an order directing the Central Government to take into 
consideration the Guidelines for Accessibility for Students with
DISABLED RIGHTS GROUP & ANR. v. UNION OF INDIA 
1005 
& ORS. (A. K. SIKRI, J.] 
Disabilities in Universities/Colleges, as submitted by the petitioner, 
A 
in accordance with this Court's order dated January 20, 2011, 
while framing the Rules under Section 40 of the Act. 
(f) For an order directing the Central Government to create an 
audit template in conformity with the Rules for accessibility in 
higher educational institutions referred to in (m) above, and for a 
B 
direction to the appropriate Governments (Central and State 
Governments, UGC, BCI) to conduct an audit of all higher 
educational institutions within six months from today and to put all 
the audit reports on a website. 
(g) For an order directing the UGC, the Central and the State c 
Governments to invite applications from higher educational 
institutions for funding under the various schemes for accessibility 
and to release funds in accordance thereof to facilitate accessibility 
measures in the educational institutions. 
(h) For an order directing all higher educational institutions to 
D 
make their institutions accessible in accordance with the Act and 
the Rules within two years of the notification of the rules; and for 
mandatory formation in each institution of the Enabling Unit for 
disabled students as per UGC scheme 'HEPSN' to ensure 
monitoring and implementation of the standards and guidelines 
contained in the Rules. 
E 
(i) For an order directing the Central and State Advisory Boards 
to
monitor the implementation of the Act and Rules and the orders 
of this Court to ensure compliance." 
17. There cannot be any dispute that the suggestions given by the 
petitioner, which arc reproduced above, appear to be reasonable and are 
worthy of implementation. However, at the same time, it would be 
appropriate to consider the feasibility thereof particularly with regard to 
the manner in which these can be implemented. This task can be 
undertaken by the UGC. Likewise, the directions which are sought by 
the petitioners are in consonance with the provisions contained in the 
Disabilities Act, 2016. In these circumstances, we dispose of these writ 
petitions with the following directions: 
(i) While dealing with the issue of reservation of seats in the 
educational institutions, we have already given directions in para 8 above 
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SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
that the provisions of Section 32 of the Disabilities Act, 2016 shall be 
complied with by all concerned educational institutions. In addition to the 
directions mentioned therein, we also direct that insofar as law colleges 
arc concerned, intimation in this behalf shall be sent by those institutions 
to the Bar Council ofindia (BCI) as well. Other educational institutions 
will notify the compliance, each year, to the UGC. It will be within the 
discretion of the BCI and/or UGC to carry out inspections of such 
educational institutions to verify as to whether the provisions arc complied 
with or not. 
(ii) Insofar as suggestions given by the petitioner in the form of 
"Guidelines for Accessibility for Students with Disabilities in Universities/ 
Colleges" arc concerned, the UGC shall consider the feasibility thereof 
by constituting a Committee in this behalf. In this Committee, the UGC 
would be free to include persons from amongst Central Advisory Board, 
State Advisory Boards, Chief Commissioner or State Commissioners 
appointed under the Disabilities Act. This Committee shall undertake a 
detailed study for making provisions in respect of accessibility as well as 
pedagogy and would also suggest the modalities for implementing those 
suggestions, .their funding and monitoring, etc. The Committee shall also 
lay down the time limits within which such suggestions could be 
implemented. The Expert Committee
may also consider feasibility of 
constituting an in-house body in each educational institution (of teachers, 
staff, students and parents) for taking care of day to day needs of 
differently ablcd persons as well as for implementation of the Schemes 
that would be devised by the Expert Committee. This exercise shall be 
completed by June 30, 2018. 
(iii) Report in this behalf, as well as the Action Taken Report, 
shall be submitted to this Court in July, 2018. On receipt of the report, 
the matter shall be placed before the Court. 
Divya Pandey 
Directions passOO.