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Polity & Governance
Mahesh

05/03/24 09:19 AM IST

India’s disability law

In News
  • Seven years after the Rights of Persons with Disabilities Act, 2016 came into being, one of its main aims — making public buildings accessible to persons with disabilities — remains unfulfilled.
Disability law
  • The Rights of Persons with Disabilities Act, 2016 gave effect to the United Nations Convention on the Rights of Persons with Disabilities.
  • The convention was adopted by the UN General Assembly in December 2006, and entered into force in 2008. India ratified the convention in 2007.
  • The 2016 Act, which repealed and replaced The Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995, commenced in April 2017.
  • It mandated the central government to notify guidelines and standards for public buildings, and to review them “from time to time” based “on the latest scientific knowledge and technology”.
  • The first set of guidelines — the Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons With Disability and Elderly Persons — was published in March 2016.
Mandate for public buildings
  • Rule 15 of the Rights of Persons with Disabilities Rules, 2017, which flowed from the PwD Act, covers accessibility of physical environment, transport, and information and communication technology.
  • Every establishment is required to comply with the standards in the Act which, for public buildings, were the 2016 harmonised guidelines.
  • Last year, Rule 15 was amended to make compliance with the 2021 harmonised guidelines mandatory.
  • The 428-page guidelines and standards covered everything from planning and tendering of building projects to specifications for ramps, grab rails, lifts, toilets, and other accessibility features.
  • They recommended that universal accessibility should be incorporated in the site planning and detailed working drawings of the project. The guidelines also covered the implementation, evaluation, and maintenance stages.
  • All building plans are required to adhere to the guidelines and standards. Existing buildings must be made accessible within five years.
Status of accessibility in public buildings
  • Under the Centre’s Accessible India Campaign, launched in 2015 with the aim of making public buildings, transportation, and websites accessible for PwD, every sector and Ministry were given targets for “enhancing the proportion of accessible government buildings” by adding ramps, accessible toilets, etc.
  • Access audits were carried out in 1,671 buildings in 48 cities in the states and Union Territories, and the Centre received financial proposals for the retrofitting of 1,484 buildings.
  • Work in 1,314 buildings has been sanctioned, and 623 buildings in 20 states have been retrofitted.
Concerns
  • According to PwDs and activists, the 2016 guidelines were never implemented, and the 2021 guidelines are being treated similarly.
  • Till now, no state has implemented the harmonised guidelines in their building by-laws. No state government has taken up the issue of accessibility.
  • Experts have flagged the lack of awareness and accountability for those responsible for implementing the guidelines — the engineers of public works departments in the country.
  • Funds for retrofitting projects were available, but many states and cities had not put in applications.
  • People who are entrusted with the responsibility to implement the standards are not sensitive. Unless there is punitive action, they won’t change.
Source- Indian Express

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