Madras High Court Directs Construction Of Permanent Ramps In Routinely Notified Polling Booths For Persons With Disabilities

The Court observed that despite repeated directions of the Supreme Court and the Election Commission, permanent ramps continued to be absent in most polling booths, resulting in recurring accessibility problems for persons with disabilities during elections.

The Court was hearing a writ petition filed by a person with disability seeking directions to the Election Commission to notify only polling booths having assured minimum facilities, including permanent ramps, and to make election-related information available in accessible digital formats for persons with disabilities.

A Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan directed the ECI & State “to ensure that permanent ramps are constructed in the routinely notified polling booths, particularly in the educational institutions and public buildings, in strict compliance with the provisions of the Rights of Persons with Disabilities Act, 2016.”

The Bench issued the direction while observing that “during every election, temporary ramps are put up with wooden planks, just a few days prior to the date of election, and every time several problems and shortfalls are noticed in the temporary ramps put up for the accessibility of persons with disabilities.”

The Court also observed that “there is a mandatory duty cast on the part of the Election Commission to ensure that all the polling stations are provided with sufficient infrastructure and facilities, easily accessible by persons with disabilities.”

Advocate A. Yogeshwaran appeared for the petitioner, while Advocate General P.S. Raman represented the respondents.

Background

The petitioner contended that despite statutory obligations under the Rights of Persons with Disabilities Act, 2016 and repeated directions issued by constitutional courts and the Election Commission, several polling stations continued to lack permanent ramps and other accessibility infrastructure for persons with disabilities.

It was argued that only temporary arrangements were made during elections, which were inaccessible and non-user-friendly for persons with disabilities. The petitioner also highlighted deficiencies noticed during the recently concluded elections and sought accessible digital publication of election-related materials.

The Election Commission submitted that directions had already been issued to all State authorities regarding the provision of facilities for persons with disabilities, including permanent ramps in polling booths. It was further submitted that any defects or shortfalls noticed in recent elections would be suitably addressed.

The Commission also informed the Court that it had initiated steps to ensure accessibility of its digital platforms and had requested the Ministry of Electronics and Information Technology to conduct audits of the Election Commission’s websites and applications in accordance with GIGW 3.0 and WCAG 2.1 accessibility guidelines.

The State authorities submitted that directions issued by the Election Commission regarding accessibility and facilities for persons with disabilities were being implemented in letter and spirit, including the provision of ramps at polling booths.

Court’s Observation

The High Court extensively examined the provisions of the Rights of Persons with Disabilities Act, 2016, relating to accessibility, public buildings and voting rights of persons with disabilities.

The Court noted that Section 11 of the Act casts a statutory obligation upon the Election Commission to ensure that polling stations are accessible to persons with disabilities and that election-related materials are easily understandable and accessible to them.

The Bench observed: “Section 11 of the Act referred supra, gives a statutory right for the persons with disabilities to have all materials related to elections, easily understandable and also have accessible polling stations for voting.”

The Court referred to the Supreme Court’s decision in Disabled Rights Group v. Chief Election Commissioner (2007), wherein directions had been issued for the provision of ramps and accessibility facilities at polling stations.

The Bench also referred to the Election Commission’s communication directing the construction of permanent ramps in all public buildings where polling stations are located. The Court extracted the Commission’s observation that permanent ramps were economically more viable and would permanently make polling stations disability-friendly.

The High Court further examined the Election Commission’s detailed guidelines issued in 2023 concerning facilities for persons with disabilities and senior citizens at polling stations. The guidelines mandated permanent ramps with prescribed gradients, proper accessibility, wheelchairs, signage, transport facilities and accessible toilets at polling stations.

The Court observed: “In spite of the directions issued by the Hon’ble Supreme Court and also various guidelines issued by the Election Commission from time to time, we find that in most of the educational institutions and public buildings which are routinely notified as polling booths during every election, still, permanent ramps are not available.”

The Bench also noted that even during the recently concluded elections, permanent ramps remained absent despite repeated assurances and directions.

The Court observed: “It is to be noted that even otherwise, all these buildings are mandated to provide permanent ramps for the access of the persons with disabilities and they still fail to comply with the mandatory provisions of the Rights of Persons with Disabilities Act, 2016.”

The High Court additionally took note of the Election Commission’s ongoing efforts to make its websites accessible and compliant with accessibility standards under GIGW 3.0 and WCAG 2.1 guidelines.

The Bench observed: “The Election Commission is in the process of complying with the guidelines on a priority basis in all its digital platforms, ensuring accessibility and usability.”

Conclusion

The Madras High Court directed the respondents to ensure the construction of permanent ramps in routinely notified polling booths, particularly educational institutions and public buildings, in compliance with the Rights of Persons with Disabilities Act, 2016.

The Court further directed the Election Commission to take expeditious and effective steps to complete the process of making its websites accessible and usable for persons with disabilities.

Cause Title: Vaishnavi Jayakumar v. The Election Commission of India & Ors. (Neutral Citation: 2026:MHC:1751)

Appearances

Petitioner: Advocate A. Yogeshwaran.

Respondents: Advocate General P.S. Raman, assisted by State Government Pleader A. Edwin Prabakar, Standing Counsel Niranjan Rajagopalan, and Additional Government Pleader V. Vasanthakumar.

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