Voiceless disabled persons plead at SC for speedy redress

In hearing a nationally and internationally important Fundamental Rights public interest litigation filed by Accessibility Rights Activist Dr. Ajith C.S. Perera, the Supreme Court has granted leave to proceed for violation of the Petitioner’s Fundamental Rights guaranteed in terms of Articles 12(1), 12(4), 14(1)(g) and 14(1)(h) of the Constitution and has fixed this case for Argument on 29 November next, thus confirming that it is a fit and proper case to be pursued. 

The Court further observed, that since notice had been dispatched to all the Respondents over two months ago, the Attorney General has had adequate opportunity to obtain instructions from all eight Respondents during this time.

The main purpose of this FR case is to seek redress to enjoy their inherent right to access buildings the public needs in daily life for a most vulnerable and fast-increasing voiceless and marginalised group of persons with limited mobility, estimated at 20% of Sri Lanka’s population.

The Petition states the subject matter here concerns continual poor compliance with a comprehensive set of Laws on Accessibility gazetted on 17 October 2006 by the Social Services Ministry and thereafter unanimously agreed by the Parliament on 20 March 2007 and reinforced by a Court Order dated 27 April 2011.

At the hearing on 4 October, Perera stated that life is all about accessibility to what one needs day to day. Accessibility, hence, is fundamental and indispensable.

Perera further stated that as a result of his continual close observations over the last seven years on the enforcement and implementation of the accessibility laws and the Court order of 27 April 2011, he has presented through a motion a set of 10 remedial measures and has appealed for a fresh order from the Supreme Court to incorporate them in full to strengthen the earlier order dated 27 April 2011.

At the 15 November hearing the Petitioner Dr. Ajith Perera appeared in person and the Senior State Counsel Rajitha Perera appeared for the Attorney General representing the Respondents before a Bench comprising Justice Prasanna S.Jayawardana PC (presiding), Justice Vijith K. Malalgoda PC and Justice Murdhu N.B. Fernando PC.