K.R.RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has preferred this writ petition in the nature of public interest litigation seeking a direction to the respondents to take necessary steps to ensure the easy accessibility of all the tourist places, especially Coutrallam Water Falls in Tirunelveli, State of Tamil Nadu, for the persons with disability, in accordance with Sec. 29 under Chapter V of the Rights of Persons with Disabilities Act, 2016, (in short, "the RPwD Act, 2016") within a time frame to be stipulated by this Court.

(2.) According to the petitioner, he is a physically challenged person and his lower limbs were afflicted due to inappropriate intramuscular injections administered for poliomyelitis, as a result of which, he could walk only with the help of two auxiliary crutches. One day, he got a chance to visit Coutrallam in Tirunelveli District, where his friends had enjoyed in the water falls after therapeutic body massage with herbal oil. His body muscle required such a therapeutic oil bath in the water falls to get relief from discomfort caused by using crutches, but owing to his disablement, he was unable to access. The said incident prompted the petitioner to file this writ petition for the aforesaid relief, so that the persons like him should not suffer and experience the nature's bounty as any other able bodied persons.

(3.) It is the submission of the learned counsel for the petitioner that as per Sec. 29 of the RPwD Act, 2016, the Government and local authorities should take measures to promote and protect the rights of all persons with disabilities to have a cultural life and to participate in recreational activities equally with others, but there are lacunas in implementing the enactment. The learned counsel further pointed out that the lack of safety measures and accessibility of the persons with disabilities to the waterfalls constitute gross negligence on the part of the Government and is discriminatory. Narrating the same, the petitioner submitted a representation dtd. 30/8/2018 to the respondent requesting to take necessary steps to ensure the easy accessibility of all the tourist places in the State, for the persons with disabilities, but the same has not been considered, till date. Therefore, the learned counsel prayed for appropriate direction to the respondent authorities in this regard.