A Report on Promotion of Non Handicapping Barrier Free Environment for Persons with Disabilities in India
By Anuradhua Mohit
About fifty years ago, India attained freedom from Colonial Rulers who ruled India for 350 years. Three years after Independence, in 1950, Indians got their written Constitution, which made them citizens of a democratic, federal country. As per this Constitution all subjects are divided in three lists:
-
Union list, which contains subjects that are to be dealt by the Union or Central Government.
-
State list, which contains subjects that are to be dealt by the State Governments.
-
Concurrent list, which includes subjects that can be dealt both by Central & State Governments.
Persons with disabilities and their issues fall under the State list, which means that the Federal States need to evolve their own policies, laws, schemes and programmes aimed at persons with disabilities. In the Indian Constitution persons with disabilities find their place also in Article 41, which talks about the welfare of unemployable categories such as elderly, sick and disabled. This indicates that about 50 years ago, the disabled were perceived as unproductive and unemployable. If one has to traverse through the length and breadth of India, one could easily conclude that Indian roads, public facilities, transport systems, business centres, etc. are designed in a manner that cannot be easily accessed by elderly, infirm and the disabled. Undoubtedly, such an infrastructure explains the reason for an indifferent attitude towards those who are seen as unproductive.
Free India gradually realized that its disabled citizens too have the potential of nation building process. Therefore, a need for creating an environment for full participation of persons with disabilities gave way to formation of policies and programmes that were vital to persons with disabilities‰ participation in the mainstream of economic, political and socio-cultural life.
Culmination of this was seen in the enactment of Persons with Disability (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995. This Act guarantees equality and protection from all forms of discrimination. In order to remove physical barriers, the Disability Act contains several provisions that can be seen in the Chapters entitled Education, Employment, Manpower Development, Non Discrimination, etc. It is quite another thing that despite several specific provisions that caste obligations on Central, State and local Governments for creation of a barrier free environment, little evidence of compliance is visible.
It is not to suggest that there has been lack of initiative, certainly one can take note of the effort of Ministry of Urban Affairs and Employment, Govt. of India, which has developed a set of Model Building By-Laws. These By-Laws have been circulated to State Governments for adoption. However, barring the States of Rajasthan, Gujarat and Delhi, others are yet to adopt Model Building Bye Laws.
To ensure that rural infrastructure too becomes disabled friendly, 3% budget under Rural Development schemes has been earmarked by Govt. of India. But the fact remains that most of the States have failed to extract any benefit out of the allocated budget for this purpose leaving Indian villages in a state they were before introduction of schemes.
Ministry of Human Resource Development, Govt. of India has incorporated a budget head in its scheme of Integrated Education of the disabled children, for creation of accessible school environment. The results of this scheme are quite satisfactory, as over 100, 000 children with disabilities have been able to study in the mainstream schools. Separate schemes have been launched for inclusion of children with disabilities in Primary schools resulting in Integration of another 150, 000 children. Recently the Ministry of Human Resource Development set aside Rupees 360 million for making 50 technical institutions barrier free.
University Grants Commission is an apex organisation, which regulates and finances universities. This Commission has also implemented a scheme providing limited grants to Universities for making their infrastructure barrier free and for setting up accessible resource centres, at least one in each of the University.
Ministry of Railways in the year 2001 drew up a plan with specific budget allocation for making railway stations barrier free. As per this scheme short, medium and long-term targets have been fixed. The short-term target aims at creating A-class railway stations barrier free. The mid term target will take care of B & C class stations and long term would cover D and E class railway stations. The gradation criterion for Railway Stations is based on the number of passengers using a particular railway station. For example, the A-class stations are used by an average of 100, 000 passengers every day. Therefore, it was felt appropriate to first make those railway stations barrier-free that are used most. Ministry of Railways has already completed the design of an accessible Rail Coach. Twenty prototype Rail Coaches would start plying in the near future. Based on the experience, alterations, if required, will be carried out in the coach design.
In order to develop the cost effective but accessible design of a bus, the Science and Technology Mission Mode has commissioned a research project that would provide multi-optional solutions to the Surface Transport Ministry, who in turn would select the most appropriate design for an accessible bus. Subsequent to the adoption of accessible bus design Govt. plans to amend Motor Vehicle Act of India. This would ensure fabrication of public buses on accessible norms and standards.
A cursory review of the initiatives taken by various Ministries of Govt. of India certainly suggests that a good beginning has been made. However, a visible impact of these initiatives is conspicuously absent. The budget allocations made for creation of barrier free rural environment, universities has by and large gone unutilised. It would be important to mention here that since 1996, each year approximately Rupees 100 million were allocated for creating barrier free environment. The same has gone unutilised.
The activists in the Disability Rights Movement and the service providing NGOs who are more than 3,000 in number have filed only three petitions before the Chief Commissioner for Persons with Disabilities seeking relief in directing:
-
Public Sector Banks
-
Delhi Transport Corporation
-
Ministry of Railways
to provide barrier free access to persons with disabilities in accordance with the provision of the Disability Act, 1995. The initiatives taken by Ministry of Railways, Ministry of Transport, Science & Technology Mission Mode are an outcome of these petitions.
Since progress in the creation of a non-handicapping environment is not as satisfactory, the Chief Commissioner for Persons with Disabilities has constituted a Core Access Committee. The Committee has an advisory role and it has suggested training a cadre of Access Auditors who should audit the buildings.
Access Audit means physical investigation/inspection of an already existing building or review of architectural plan of a building to be constructed with the aim:
-
To gauge validity of the design from the point of view of independent and safe access by persons with disabilities
-
To point out the inaccessible features and alternatively suggest accessible designs to make improvements.
The purpose of Access Audit is to
-
Provide specific guidelines to the owners of the buildings to enable them to carry out the modifications in the buildings.
-
Create awareness about barrier free environment and to promote concept of accessibility.
The first training course in Access Audit will take place in the third week of July. In this programme, the participants would be oriented with the technical considerations and design provisions or measures to be taken up into account in the planning of the built-up environment. This would also include issues related to the design of several complimentary domains: open spaces and recreational areas, local roads and pathways, the immediate vicinity of buildings, building entrances and interiors of buildings. The training has theoretical and practical components. At the end of the training, participants will prepare a plan for conducting similar training for city and village level volunteers who could conduct Audit of built environment in their local areas.
As an outcome of the training exercise awareness amongst Disability Rights Activists, service NGOs, Govt. officials regarding barrier free environment is likely to increase. Most importantly, the reports of Access Auditors would provide basis to Chief Commissioner, Disabilities and Commissioners, Disabilities for initiating suo-motu action against those who have yet not complied with the statutory provisions.
To improve the situation, the Chief Commissioner has already ensured that in the course curricula of architects and town planners, a module on accessible designs of buildings and towns is incorporated. Sixty-six schools of Town Planning and Architecture introduced this module in the Academic Session of 1999-2000. Twenty-two training workshops for practising architects and builders have been conducted between June 1999 and January 2001.
To acknowledge young architects and town planners, a trophy has been instituted for the best accessible design of public building. Besides this, Government of India has instituted a national award for such individual institution or State Govt. who has made commendable contributions in creation of barrier free facilities for persons with disabilities. This award is given on the occasion of World Disabled Day.
The improvements in the creation of barrier free built environment have the potential of providing good education, better job opportunities and better social and cultural integration. Therefore, it is hoped that the future will hold a better deal for Indians with disabilities.
|
