Accessibility post the Persons with Disability Act in India

- Issues, Status & the Way Forward

Presented by:

Shivani Gupta Director & Co-Founder, AccessAbility shivani@accessability.co.in

About AccessAbility
An organisation working towards inclusion of PwD through:
Providing infrastructural accessibility Promoting job opportunities Sensitization and awareness Research

The services we provide for Infrastructural Accessibility include:

Access Audits & Appraisals; Access Consultancy - Implementation Strategies, - Architectural support services; Research developing local technical standards; Subject training architects, designers, town planners; Information dissemination website, online discussion forum, etc.

Some of our recent clients:

ITC Welcomgroup Hotels - Park Hotels Indian School of Business - Guwahati Master Plan 2025 Jamia Milia Islamia University - Delhi University VFS India Pvt. Ltd. - MSJE National Institute for the Visually Handicapped

Content
Understanding Accessibility The Law
The Persons with disabilities Act Other Policies

Accessibility Roadmap
Successes and Failures

The Gaps
Legal Loopholes Accessibility Guidelines The Professionals

The Way Forward

Understanding Accessibility

What is Access ?
Physical Access Attitudes Access to Services

Inclusive Policies, Procedures & Practices Assistive Aids & Appliances

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Access to Information

Building Management & Operations

The Law

Primary Legislation- The PwD Act (1995)

Chapter V Education
Ensure under 18 year olds have access to free education in Appropriate Environment The removal of architectural barriers from schools, colleges or other institution, imparting vocational and professional training

Chapter VI Employment
3% reservation in every government & public sector establishment Health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed.

Chapter VIII Non Discrimination

Adapt rail compartments, vessels & aircrafts to permit easy access Adapt toilets in rail compartments, vessels, aircrafts & waiting rooms for wheelchair users Auditory signals at red lights for VI Curb cuts & slopes in pavements for wheelchair users Engraving on surface of zebra crossing for VI Engraving on edges of railway platforms for VI Devising appropriate symbols of disability Warning signals at appropriate places

Other Policies
Sarva Sikhsha Abhiyan
All the schools in the country will be made disabled friendly by 2020 and all educational institutions including hostels, libraries, laboratories and buildings will have barrier free access for the disabled. Also promises accessible study materials and transport facility.

National Policy for People with Disabilities (2006)

It is supposed to clarify the framework under which the State Governments and the private sector must operate to ensure implementation of the Act. One of the salient features of the policy is Barrier Free Environment where it restates that to the maximum extent possible, roads, highways, buildings/places/ transportation systems for public use should be made barrier-free. The national policy is supposed to inform the disability plan to be incorporated in the 11th Five-Year Plan, which will have a timeline, and funds for programmes can be allocated through the Finance Commission.

 Building Bylaws
These are State level governing requirements that any architect/developer needs to mandatorily comply to get a Completion Certificate Only few states have adopted accessibility as requirement in their local Bylaws.
But not linked to approval and monitoring mechanisms

The Tenth Five Year Plan (2002-2007)

Nationwide circulation of Barrier Free Guidelines Certifying public buildings for accessibility Public utilities such as buses, railways to be accessible Efforts to usher barrier free environment in the private sector. Module on barrier free environment to be introduced in architectural and engineering colleges. The Swarna Jayanti Shahari Rojgar Yojana where there is a 3% resource allocation for the benefit of the disabled and providing barrier-free environment for the disabled. Fund allocation for all these points has not been clarified except for the Swaran Jayanti Yojana

Accessibility Roadmap

Some Successes & Failures

The one km radius model accessible project IP Estate
Complete failure as no traces of accessibility can be seen here

Compilation of the CPWD guidelines

Guidelines not adequate and not reviewed for 10 years Only 11% of the sample group of architects were aware of these guidelines

Ministry of Railways
Begun Access Improvement at category A stations

Accessible Bus transport systems in Delhi

Too many agencies involved to actually provide accessibility
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Some Successes & Failures

Sarva Siksha Abiyan making school environment inclusive
There exists an excellent action plan to achieve Inclusion by 2020, but looking at the implementation so far seems ambitious

UGC initiatives to improve accessibility in Universities

What does accessibility mean in a University setuponly ramps?? Need to have clear access specification that can be enforced all over India not just in Delhi

Access Audit of several public buildings

On ground implementation rate is poor

The Delhi Metro project

One great example
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The Gaps

Legal Loopholes - PwD Act

1. Accessibility is not provided as a matter of right but as a add on based on the economic capacity of the provider. (within the limits of their economic capacity & development) It is discriminatory in itself as it applies only to the government & public sector. does not even apply to all public use buildings such as theatres, restaurants etc. The terms Accessibility, non discrimination or even Public Building have not been defined in the Act. No designated accessibility standards, leaving all to have their own personal criteria. The specific guidance on accessibility in the non discrimination section narrows down the focus to only certain aspects of physical accessibility. Fails to consider access to services and information Lack of any phases and timeframes & extremely poor recourse mechanism No mechanism spelt out to guide authorities for implementation eg amendment of byelaws, etc There are no measurables to chart the progress or the direction being taken It fails to give direction for polices and regulations that are drafted by other ministries. 2.

3.

4. 5. 6. 7. 8. 9.

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Accessibility Guidelines
Name of Guideline IS 4963: Recommendations for Buildings & Facilities for the Physically Handicapped National Building Code Guidelines and Space Standards for Barrier Free Built Environment Planning a Barrier Free Environment Delhi Building Byelaws (proposed) Developed by Bureau of Indian Standards (BIS) BIS Central Public Works Department (CPWD) Office of Chief Commissioner, PwD Delhi Municipal Corporation (MCD) Published 1968 1970 1998 2001 2005 Revised 1992 2005 1998 2001 ---------

None Identified as a Standard under the PwD Act No legal standing. Not based on local research on Indian Population Research done by us indicates:
Few parameters (e.g. 1500 mm turning radius, knee recess, etc) did not accommodate even 50% of the sample group studied. Only 11% architects aware of any access guidelines

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Some Outcome
Majority of the secondary legislations/polices have not incorporated accessibility or address the needs of disabled people In a growing economy like ours there is tremendous infrastructural development and a large amount of it is not incorporating accessibility into it.

Poor institutional coordination (eg ITO pilot, Railway coaches, DTC bus shelters, etc)
There are sporadic activities happening in patches in different parts of the country
A circular no. 10/Vee Yoo-17/2001-1600 dated 16.7.2002 have been issued by Director Social Welfare to all the District Collectors to see that all cinema halls in the State of Bihar are made barrier free within a period of one month. (Annual Report o/f CCPD 2004-05 )
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The Professionals
As a part of a study conducted by us on practicing architects, we found that:
While a majority (85%) were aware of the PwD Act but only 11% were aware of any Accessibility Guidelines. While 63% were taught barrier free principles in their college only half (57%) of them felt that accessibility was a very important feature in a building and just a handful (29%) felt the importance of building management. 82% felt that we must develop Indian Standards

While there are a lot of people who are able to point out what needs to be done in terms of infrastructural retrofitting (366 Access Auditors trained by CCD alone + many more by NGOs)
no professional training available in the country to create Access Consultants who can look beyond just physical accessibility.
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The Way Forward

Recommendations

Be a matter of right Punitive action for Non compliance

Define Accessibility, Non Discrimination & Public Bldgs.

Accessibility Standards created & binding Timeframes & Monitoring Procedure

PWD Act 1995

Include Access to services & Communication

Secondary Legislations to Address Inclusion

Inclusion critical to Public spending

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Other Recommendations
Designated fund allocation for access improvement. National level committee to chart a course of action for improving accessibility based on the present status.
Vision Monitoring Progress Charting POA

Responsible for incorporating UNCRPD provisions. Increase professional capacity

Institutes teaching architecture, engineering, town planning, designing, etc. must look at Universal Design of infrastructure, products or communication as a core module. Access auditing and access auditors to be standardised and certified/accredited respectively. Encourage academic research in issues pertaining to accessibility.

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Thank You

www.AccessAbility.co.in