Thursday, March 14, 2013

MHADA considers reservation for PH in Affordable Housing

Tuesday, March 12, 2013

Realising the dream of Barrier Free enviornment in Public Spaces

Dear Colleagues,

Its over one and a half decade when The Persons with Disabilities (equal opportunities, protection of rights and full participation) Act was passed in India with specific mandate under sections 44 and 46 that stipulated barrier-free accessibility for the disabled at public buildings. However, the sad story is that it is not in the priorities of the State Governments still to make their offices accessible. With impunity access to even social welfare sections/ pension sections/ public dealing offices continues to be through staircases rather than lifts/ ramps. In fact the entire office complex is supposed to be accessible if section 33 of the Act mandating 3% reservations in the jobs is to be respected and complied with in its true sense.

There exist guidelines from the office of Chief commissioner Disabilities titled "Plannning a Barrier Free Environment", CPWD's "Guidelines and Space Standards for Barrier Freeenvironment for Disabled and Elderly Persons" and also Model Building Bye-laws  of Town and Country Planning Organization (Min. of UD) incorporated by most of the states to ensure accessibility in the public places/buildings.  The National Building Code 2005 and its earlier versions mandated accessibility and barrier free environment in the public buildings. However, the government offices especially in the States continue to defy the norms.

To facilitate easy implementation and remove bottlenecks of funding, Ministry of Social Justice & Empowerment has been giving project based funds to make public places accessible to the states/agencies. However, the states either seem to have not shown interest in this or are little too slow on acting on the funding scheme available.

Ministry of Urban Development, Government of India which is the nodal ministry to ensure a barrier free environment had started this initiative by getting the access audits done through competent agencies for the union government buildings in Delhi and in other major cities and also the satellite towns. The next phase of implementation of the access audit reports is in progress in the Capital and several states. 

For implementation of Section 46 of the Persons with Disabilities Act 1995, the State Governments have nominated an official in each district (designated as Access Officers/ Inspectors  )for bringing cases of non-compliance to the notice of the concerned authorities in addition to the office of State Commissioner- Disabilities whose mandate is to see the implementation of the said act.  It has been found that often the nominated official/Access officer has no knowledge of the barrier free environment. Often their powers/scope of duties is not properly indicated and it is either just an additional charge given to them.

The State governments- barring a few like Goa etc - have not taken sincere initiatives to ensure accessibility in their buildings and public services- which also include access to information. Most websites of the state governments and even some union ministries continue to be inaccessible for the visually impaired users and those with mental challenges. 

This calls for alternate remedies and a strict and time bound implementation of the mandate. The Chief Commissioner - Disabilities at the Centre has been very pro-active in issuing notices to the Government departments, universities, post offices and banks etc to ensure their buildings and services accessible. However, the State commissioners have been little lethargic on this front.

Suggested measures

(a) State Commissioners should on their own motion or on receipt of complaint/ information take immediate action to ensure that the flouting department provides accessibility in a time bound manner. More stakeholders should approach the State Commissioners for persons with disabilities, a list of which is available at link : STATE COMMISSIONERS-DISABILITIES. On how to write a complaint/grievance visit link: Writing a Petition for your Grievance.

(b) State Governments should be directed to provide a dedicated office of the nominated official in each district called as "Access Officers/ Access Inspectors" and provide their coordinates on the State Government Website/ District Collector's website with phone numbers, email ids, FAX etc. These access officers/inspectors should be provided sufficient staff at block level/ panchayats who should inspect the existing buildings to ensure they are accessible. Their duty should also involve giving recommendations on the building plans of the new buildings. The Access officers should either give their nod/or reject with reasons within a fixed time period. No buildings should be allowed to be built without a clearance from the access officer. 

(c) More NGOs/ user groups, stakeholders, family members should be encouraged to bring the cases of inaccessible public buildings to the notice of access officers/disability commissioners.

(d) The Access Officers/ Commissioner- Disabilities should be trained and sensitized on creation of barrier free environment. All new joinees on these posts should undergo the sensitization.

(e) If the state has not adopted the model building bye-laws, the existing guidelines by the Union Government/ Chief Commissioner - Disabilities should prevail in such cases.

With these measures, I am sure we can achieve much more than just sitting and criticizing the non-implementation of the PWD Act 1995.  

Here is one news report from Jharkhand published in The Telegraph talking about inaccessibility of the Collector's office, Jamshedpur, Jharkhand. 


Built on crippled common sense

- Collectorate degrades disability act with staircases

ANIMESH BISOEE
Visually impaired Sonali Pal (35) from Uliyan Kadma nearly fell on December 22, 2012, on the staircase of the first floor of the district collectorate while going to submit a memorandum of protest against the Delhi bus rape before East Singhbhum deputy commissioner (DC) Himani Pande

When orthopaedically challenged Deepak Kumar Srivastava (31), secretary of Jharkhand Viklang Sansthan, has to meet officials such as deputy development commissioner (DDC) Dadan Choubey in the course of his work, he climbs steep stairs using crutches to reach the first floor of the district collectorate

On an average, around 10 disabled persons who visit the East Singhbhum district collectorate office a day, know what it is like to feel like second-class citizens.
The three-storey (G+2) collectorate building in Sakchi, Jamshedpur, does not offer accessibility to the disabled.

Even though the structure came up in 2003, eight years after Persons with Disabilities (equal opportunities, protection of rights and full participation) Act with sections 44 and 46 that stipulated barrier-free accessibility for the disabled at public buildings, staircases and not ramps were the only links between floors.

According to conservative estimates of a Jharkhand Viklang Manch survey, nearly six per cent of the total 22-lakh-plus population of East Singhbhum district comprises the disabled.
It appears a sizeable population of 1.32 lakh can’t access their own district collectorate without feeling humiliated and risking a fall.

Most senior bureaucrats, including DC Himani Pande, additional deputy commissioner Ganesh Prasad, additional district magistrate (law and order) Ajay Shanker, DDC Dadan Choubey, executive magistrate Sunil Kumar and others, have offices at the district collectorate.

These apart, important departments including social welfare, DRDA, welfare, district information office and nazarat deputy commissioner office are also located in the same building.

Manch president Arun Kumar Singh said they had submitted petitions to all deputy commissioners from 2006 onwards, protested twice in front of the district collectorate and written to former state commissioner (disability) Satish Chandra, but nothing happened.

“It seems our plight does not bother bureaucrats. Mounting stairs is a risk. Plus, it is a time-consuming and painful process. But there’s no way out at the district collectorate,” said Singh.

Former state commissioner (disability) Chandra — the post is vacant since December 2012 — admitted to receiving petitions from the disabled in Jamshedpur.

“I had taken up the issue of barrier-free accessibility. But nothing has been done so far,” Chandra said.

State social welfare director Krishna Prasad Dev Sahu agreed the problem was serious. “When a new commissioner (disability) is appointed, he will be entrusted with the task of ensuring that the disabled can access the district collectorate with ease,” said Sahu.

On being prodded, deputy commissioner Pande claimed they had asked the executive engineer of building construction department to prepare a blueprint for a ramp and guidelines tiles on staircases for visually challenged.

“We are planning these things. We will look into it,” she said without giving a deadline.

Source: The Telegraph

Monday, March 4, 2013

Concerns arising out of Rail Budget 2013 for Persons with Disabilities


Dear Colleagues,

Recent railway budget speech of the railway minister announced the following for the benefit of persons with disabilities:

"India is a signatory to the UN Convention on the rights of the disabled. We are conscious of our responsibility under the Millennium Development Goals (MDGs). To facilitate the boarding of trains and exit from the stations for the differently-abled and the elderly, the steps proposed include provision of 179 escalators and 400 lifts at A-1 and other major stations, affixing Braille stickers indicating the layout of coaches including toilets, provision of wheel chairs and battery operated vehicles at more stations and making coaches wheel-chair friendly.


In order to provide an employment avenue to the disabled people, I propose to reserve a specified number of JTBS for them, keeping in view the fact that the PCOs at stations have become largely redundant after the mobile revolution in India".



Concerted efforts to fill up approximately 1.52 lakh vacancies this year. It is a measure of popularity of railways as an employer that a staggering 2.2 crore applications were received. For the first time, Railway recruitment examinations were held at more than 60 cities across the country. In the process, a backlog of about 47,000 vacancies earmarked for weaker sections and physically challenged is likely to get cleared".


PIB has published the budget highlights that are available in PDF at link: Rail Budget 2013 highlights.

Critical Review of Rail Budget 2013

Here is a the para - wise critical review of the rail budget 2013 from the perspective of the disability sector and the mandate of UNCRPD and the spirit of Disability Act::

(a)       Passenger Amenities:  The paragraph does not mention the amenities will be made inclusive and follow universal design standards to be accessible and friendly to everyone irrespective of abilities. Persons with reduced mobility have been facing infrastructural barriers in the community for a long time. The railways must declare and budget for making its rolling stock as well as platforms and services accessible and barrier free based on universal design. Currently the effort is just to make a small exclusive section accessible which actually excludes people from the mainstream and renders them vulnerable.  While A-1 and major stations have been proposed to be made accessible by lifts and escalators, we strongly suggest you to include sustainable non-dynamic features like ramped access to foot-over bridges at all the Railways stations to provide connectivity to all the platforms (as provided on Agra Railway Station and few others). This makes it easier for passengers with heavy luggage, those travelling with elderly members and children and for women.   Similarly, the concern of platform to train compartment transfer is still unaddressed. Even the so called disabled friendly coach has four steps to access it hence it remains inaccessible to disabled people. It is pertinent to mention here that the philosophy of Universal Design has been specially included in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) that you have so kindly referred to in the Budget speech.

(b)      IT enabled services: The paragraph is silent on the web accessibility standards requirement, online booking allowing booking concessional tickets by passengers with disabilities and other listed services inclusive. This is despite the fact the UNCRPD specifically refers to making all the Web services accessible and Govt of India has already mandated WCAG 2.0 level for websites. The online system continues to ignore passengers with disabilities.  (UNCRPD Article 9 : Accessibility)

(c)       Ticket Reservation: The paragraph doesn’t mention about accessible e-ticketing facility even while talking about the enhancing the speed and capacity of the system. Declaring and clarifying the same would be in line with the mandate of the UNCRPD that India stands committed to. (UNCRPD Article 9 : Accessibility)

(d)      Catering:  The toll free number for complaint doesn’t address the needs of persons with hearing impairment/ Deaf passengers who primarily depend on the text SMS for filing any complaint. It is requested to consider SMS based complaints also to make it inclusive to deaf passengers. (UNCRPD Article 9 : Accessibility)

(e)       Rail Tourism: This section doesn’t mention about accessibility while the designing the executive lounge at Delhi. Similarly regarding the trains, it says "The train will be made attractive and affordable through concessional fares", without any mention of their being accessible based on universal design so that everyone irrespective of disabilities can enjoy the use the lounge and train services. It would be pertinent to mention that accessibility will promote rail tourism also among a large number of international travelers with disabilities, elderly travelers and their families who have been, so far getting discouraged due to lack of accessible tourism options in the Country. (UNCRPD Article 9 : Accessibility & Article 30 - Participation in cultural life, recreation, leisure and sport)

(f)       Staff: Our experience indicates that the amenities such as quarters and hostels etc continue to be designed without keeping the needs of the diversity of employees. Railway being the largest public sector employer, it would be in the fitness of things that staff amenities such as the quarters and hostel are made barrier free based on universal design and that the ministry makes a special mention about it in its formal communications. (UNCRPD Article 9 : Accessibility)

(g)      Skill Development:  This section must include marginalized groups and persons with disabilities to bring them to the mainstream so as to realize the mandate of the UNCRPD. (UNCRPD Article 24 Education & Article 27 Work & Employment)

(h)      Rail Heritage: The plan to revamp the museum for the benefit of children is a welcome step. Currently, there are lots of accessibility issues from the perspectives of children with visual, mental and physical disabilities and it should be confirmed that the whole revamp would be done in consultation with the involvement of stakeholders so that the museum is based on best international standards and inclusive to every child irrespective of his abilities. (UNCRPD Article 9 Accessibility & Article 30 - Participation in cultural life, recreation, leisure and sport)

Disability Sector not happy with the Railway Budget


Disability Rights is off the rails

Javed Abidi

Like all other years, this year’s Railway budget did not bring any cheer for India’s 70-100 million people with disabilities, a large number of whom depend on the Railways for their basic mobility needs.

The only difference was that for the first time, the new Railway Minister talked about the substantive issue of accessibility at the stations and in the coaches. However, the discrimination and indignity faced by millions of persons with disabilities trying to use the Railways cannot be addressed by mere pious statements of good intent. The barriers are deep-rooted and systemic.

Let’s try and understand what it means for the average person with disability to travel with the Railways.
To begin with, you can’t buy the tickets online. The website is not accessible as it does not conform to web content accessibility guidelines despite a Government of India policy mandating so. And even if you are not print-impaired, you ‘have to’ physically go to the booking counter with your disability certificate in hand to avail yourself of the discount and get a prized seat in that one single accessible coach per train.
The booking counters are not accessible and that one ‘accessible’ counter for ‘special’ and ‘differently-abled’ people (pun intended) is not manned most of the time.

To top it, by the government’s own admission, more than 50 per cent of the people with disabilities actually don’t have a disability certificate.

Even if you are lucky to have a disability certificate, you are forced to purchase two tickets and to travel with an ‘attendant,’ never mind if you are totally independent and can actually travel alone.

HURDLES IN STATIONS

To get to the coach is another huge struggle. The way to the platforms is not at all accessible. India is still stuck with the concept of foot over-bridges with a thousand steep steps, and no ramps or lifts. You are therefore left with no choice but to use the same path as the luggage carts — littered with potholes and garbage.
The concept of ‘accessibility’ for the Railways has remained limited to one accessible toilet for the entire station. God help you if you urgently need to use one but you are on Platform No. 2 and the ‘disabled-friendly’ toilet happens to be at the extreme end of the station, beyond Platform No. 7.

It is the same story with all other public facilities such as the drinking water taps, the public telephone booths, and so on.

The worst aspect of the Railways in the modern, 21st century India is the segregated coach for people with disabilities. This ‘special’ coach for ‘differently-abled’ people is attached now to almost every long-distance train either at the beginning, immediately after the engine, or towards the very end, right next to the guard. A person with disability doesn’t have the same choice as other passengers because all the other coaches are not accessible.

We all know the story of Mahatma Gandhi having been thrown off a first-class carriage in South Africa because of the colour of his skin. I say Gandhiji was lucky. After all, he did manage to get into the coach. I, as a wheelchair user, can’t even get inside.

What is needed is a holistic, time-bound action plan with a generous resource allocation. We are not asking for any miracles but there should be a serious start somewhere. I offer a simple three-point agenda to our new Railways Minister: Make the Railways website accessible. Make all A1 category stations fully accessible (stations are categorised by passenger traffic). Make at least one coach accessible in every class of every train. Fix a practical time frame, allocate a decent budget and for God’s sake, then just do it!

(Javed Abidi is a very disgruntled disabled Indian citizen. He has been a wheelchair user for the last 33 years and yet, is not 'wheelchair-bound'. He keeps travelling around the world as the Global Chair of Disabled People's International (DPI). He is neither ‘invalid’ nor ‘special.’ And, he certainly is not ‘differently’ abled. He travels by train all the time, but only in America and in Europe. At home, in modern India, he cannot. He cannot even get inside them but he wants to. Hence, this piece, in the hope that things will change. He is Convener, Disabled Rights Group (DRG) and Chairperson, DPI.)

Source: The Hindu