WRITTEN BY: SABAH TASLIM & SHARVARI RAJVADAY
EDITED BY: DARSHNA GUPTA
According to World Bank research, one out of every 12 Indian homes includes at least one differently-abled member. Even then, throughout India, both governmental and private construction approaches are mostly inaccessible to differently-abled persons. India is wasting valuable human capital by preventing such individuals from fully engaging in the economy.
Lifts are still unavailable in thousands of buildings across India. The mobility of wheelchair-bound or caliper-bound persons is significantly hampered in its absence. Ramps are not available in public buildings or the infrastructure of hospitals, schools, post offices, or banks.
There are no engraved/braille signages in public buildings. Engraved signages are crucial for assisting a differently-abled person in moving around buildings since they help identify a location or understand an important instruction. The Indian real estate sector is also recognizing the need of integrating disabled-friendly construction methods in its projects. The construction sector must realize that by failing to introduce disabled-access facilities in new projects, we are excluding a substantial portion of the workforce.
Rational for Inclusive Infrastructure :
- People with disabilities are more likely to be excluded from independent access to work, education, and healthcare facilities, as well as social interaction and recreational activities if they do not have access to all forms of transportation.
- All aspects that make up a journey, from start to finish, are referred to as the “travel chain,” which includes pedestrian access, automobiles, and transfer locations. If one of the links is broken, the entire journey becomes tedious and non-functional. The aim of accessibility is for individuals to be able to use all vehicles, the whole service area, and the pedestrian environment.
Currently, India’s urban environment does not reflect universal accessibility. A significant portion of the demographics who could potentially utilize the space is excluded by the unidirectional design approach. Differently abled persons are practically never observed using the outdoors since the public infrastructure is not intended to meet their requirements. A gradual yet positive change is observed as new and modified guidelines are being legislated with a thoughtful approach to making infrastructure more accessible. We discuss here some of the regulations that have recently taken a pivotal role in urging stakeholders to take this matter more seriously.
Revised National Building Code, 2016 (NBC)
The updated NBC covers the aspects that make buildings user-friendly for individuals with hearing difficulties, vision impairments, heart illnesses, and epilepsy to make infrastructural planning more inclusive. This brings hopes for a change, as the revised National Building Code (NBC) outlines how to make buildings more universally accessible. The NBC serves as the overarching document that all DCRs (development control regulations/rules) of all states must incorporate in their state-specific Building Bye-Laws. The NBC serves as a foundation for all states and union territories to build upon, taking into account the different socio-economic and cultural factors at play. It governs the industry’s macro and microelements, such as baseline/prerequisite design methods and implementations. For construction to be permitted, it must follow the NBC and related DCR requirements.
The regulations under the NBC address the need for ramps to reach the building plinth, open spaces and landscaped areas, and even multiple floors of buildings at times. Provision of toilets for the differently-abled, named as washrooms for the handicapped, is another example of the prerequisite provisions. It does not, however, handle all conceivable user variants. For bathrooms across the country, common signage/symbols that are at least nationally standardized should be utilized. Another example is the construction of internal passages to make it easier to navigate your way around the structure. It is necessary to select materials and colors that are based on a thorough understanding of diverse users.
Recently, The Madras High Court ordered the state to follow the new National Building Code (NBC) guidelines. The remark was made during the hearing of a petition filed by M Karpagam, who had highlighted an instance in which in the city of Kancheepuram a 24-year-old differently-abled worker died after slipping into a septic tank while working at a government warehouse, because of the unavailability of a toilet. It urged the government to make public roads, buildings, and transit-accessible to people with disabilities, as required under the guidelines, citing the United Nations’ recognition of accessibility as a core human right.
The Rights of Persons with Disabilities Act, 2016 (PWD Act)
The PWD Act mandates that every public building and private establishment provide accessibility in all their building and spaces. (Section 40). The PWD also states that no establishment must be permitted to construct a structure unless the construction plan complies with the rules established by the Central Government under Section 40 (Section 44). The PWD states that within five years of the date of notice of the regulations created by the Central Government, all existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government (Section 46). It has also mandated that educational institutions provide proper accessibility (Section 16), the same has also been covered under The National Education Policy 2020 (NEP 2020).
In the case of Rajive Raturi vs Union Of India (2017) The bench referred to provision of the PWD Act and said it provides for comprehensive accessibility to disabled persons in all modes of transport. “Therefore, it becomes the duty of the Union, states as well as Union Territories to ensure that all government buses are disabled friendly, following the harmonized guidelines,” the 78-page judgment requested authorities to guarantee that even private buses are wheelchair accessible. The court also ordered the States to develop a strategy outlining the timelines for completing this work and to submit a report to the Court within three months.
For example, Bangalore Mahanagara Palike Building Bye-Laws 2003 of Karnataka under SCHEDULE XI deals specifically on Facilities for physically handicapped persons. These. recommendations in the guidelines/bylaws should be made mandatory and not optional for any builder to receive a license to initiate any construction.
YOUR RIGHTS AS A PWD CITIZEN :
The Office of the Chief Commissioner for Persons with Disabilities was set up under Section 57 (1) of the erstwhile Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 and continues to function under Section 74 of the PWD Act. The Chief Commissioner is mandated to coordinate the work of the State Commissioners for Persons with Disabilities, monitor utilization of funds disbursed by the Central Government, and take steps to safeguard the rights and facilities made available to the persons with disabilities. have found the Commissioner’s office to be an accessible and quick source of dispute settlement. The majority of cases before the Chief Commissioner involve issues of employment, promotion, or service. Directions for reinstatement and advice to businesses to ensure that PwDs are not discriminated against were given to petitioners before the Chief Commissioner.
CONCLUSION:
A big issue today is that, while these standards, rules, and laws are in place, they are not strictly enforced, leaving a lot of space for loopholes. Although persons with disabilities may not have the same opportunities as we have, we must remember that disability is not synonymous with inability. Disability just necessitates a little ingenuity and resourcefulness, as well as a great deal of effort and commitment. Individuals with impairments are frequently stereotyped as being unable to contribute to society. Individuals with disabilities deserve nothing but respect since they have to work hard simply to be able to live life as people without disabilities do.
Further Reference:
Ever wondered what a truly disabled-accessible city would look like? Check out the link below to find more:
Guardian News and Media. (2018, February 14). What would a truly disabled-accessible city look like? The Guardian. https://www.theguardian.com/cities/2018/feb/14/what-disability-accessible-city-look-like
The Silent Sexism Project 