Researching Reality Summer Internship Working Paper By SIMRAT AHLUWALIA DIVISH GUPTA http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2118777 JANPATH_Bhawan.unlocked_page4_image3.jpg July 2012 Centre for Civil Society, A-69, Hauz Khas, New Delhi 110016 Tel: +91 11 2653 7456, 2652 1882 | Fax: +91 11 2651 2347 | Email: [email protected] www.ccs.in www.azadi.me www.jeevika.org www.schoolchoice.in www.righttoeducation.in Table of Contents Abstract................................................................................................................................................3
Acknowledgement...............................................................................................................................4 Introduction and Aim........................................................................................................................ 5 Policy Framework...............................................................................................................................6 Access Audits……………………............................................................................................................. 8 Analysis.......................................................................................................................................... 22 The Future.................................................................................................................................... 24 Final Comment............................................................................................................................. 27 Abstract Every person is disabled at some moment in his/her life. If you are in city or state where no one understands the language you speak you are disabled at that moment. Disability is no longer associated with just a wheelchair; a fracture, sprain or a pregnancy etc can translate into incapability to access a building or a service. If our complete environment is designed in such a way that every person can access it without any difficulty or requirement of adaptation, we will be able to call it a barrier-free and universally accessible environment. United Nations Convention on Rights of persons with Disabilities (UNCRPD), 2008 has specified provisions for a completely accessible and barrier free environment for persons with disabilities. India has a reasonably good policy framework in place. An access audit of buildings belonging to the Central Government was carried out by Samarthyam, an agency appointed by the Ministry of Urban Development (MoUD). The audit brought out a wide range of deficiencies. This study undertook the task of conducting a sample check to record the progress made on implementation of the observations of the audit. Case studies of three buildings visited by us, namely, Janpath Bhawan, National Gallery of Modern Art and Patiala House are presented in tabulated format showing the current status of work done against the relevant observations of the access audit. An analysis of the tabulated comparison reveals that the progress on improving the accessibility of these buildings has been minimal. The study found that while the architecture wing of the Central Public Works Department (CPWD) has been prompt in furnishing drawings for the required work, the civil and electrical engineering wings have shown tardy progress for executing the works. Reasons for such a performance could not be ascertained due to lack of transparency. The Rights of Persons with Disability Bill, 2011 promises another ray of hope. Committed action on ground is, however, necessary to translate noble intentions into actual usable facilities. Acknowledgement We would like to thank our research guide Dr Nimish Adhia for guiding us all through and editing the paper at each step with effort and care. Our special thanks to Mr Daljeet Singh Ahluwalia (Father of Simrat Ahluwalia) for reading the paper many times and giving his valued feedback. We would like to thank Centre for Civil Society (CCS), and all its members and interns without whom this paper would have been a distant reality. We would like to extend heartfelt wishes to our friends and family who supported and encouraged us to work hard every day towards the completion of the paper. Introduction The disabled need a barrier free environment, to have a semblance of equality with able bodied people. Census 2001 revealed that over 21 million people in India suffer from one of the five disabilities -visual, movement, speech, mental and hearing. 1 United Nations Convention on Rights of persons with Disabilities (UNCRPD), 2008 articulates provisions for a completely accessible and barrier free environment for persons with disabilities. India is a signatory to this convention and has declared a vision to implement all provisions by 2025.Adequate progress has been made on the front of formulation of policies. Translation of policies into actual provisions remains to be seen. An access audit of buildings belonging to the central government was carried out by Samarthyam, an independent organisation appointed by the Ministry of Urban Development (MoUD). The audit show a wide gap between what’s desired and what actually exists on ground. Another reality check is necessary to gauge the level of commitment that various government agencies have demonstrated in the pursuit of the declared vision. 1 http://censusindia.gov.in/Census_And_You/disabled_population.aspx Aim The aim of this paper is to assess the progress that has been achieved to implement the suggestions made through an access audit by Samarthyam for making the offices of the central government accessible to the disabled. Policy Framework I. United Nations Convention on Rights of persons with Disabilities (UNCRPD), 2008 list end India is a signatory of the UNCRPD 2008 which articulates the provision of a completely accessible and barrier free environment for persons with disabilities. Article 9 on Accessibility expresses the requirement of adequate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. II. The Persons with Disabilities (PwD) Act, 1995 provides guidelines for accessible environment which are not yet incorporated in the Building Laws. Section 46, Chapter XIII of The Persons with Disabilities Act 1995 states that there should be no discrimination towards the differently abled in the built environment. It sets out parameters for the same, list end The appropriate Governments and the local authorities shall, within the limits of their economics capacity and development provide for- (a) Ramps in public buildings; (b) Adaptation of toilets for wheel chair users; (c) Braille symbols and auditory signals in elevators or lifts; (d) Ramps in hospitals, primary health centres and other medical care and rehabilitation institutions. Section 33 of the PWD Act 1995 states 3 per cent reservation of posts in Government establishments in the country for persons with disability of which one persons suffering from 1- Blindness or low vision; 2- hearing impairment; 3- locomotor disability or cerebral palsy, in the posts identified for each disability. list end In pursuance of these legislations, certain guidelines and models have been developed by various government agencies to ensure barrier-free environment. These include: Bureau of Indian Standards, National Building Code, 2005 CPWD (Central Public Works Department) guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons, 1998 Manual Barrier Free Environment, the Chief Commissioner for Persons with Disabilities, 2002 Model Building Bye-Laws, Town & Country Planning Organization, 2004 list end III. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. list end One of its objectives is- ”the empowerment of persons with disability to live as independently and fully as possible within and as close to the community to which they belong”. It asserts the inclusion of the disabled persons of the country in all spheres of life including the physical environment. Access Audits An access audit is performed to establish how well a building performs in relation to access and ease of use by a wide range of potential users, including people with impairments.2Samarthyam, a national information, technical assistance and research organization, was appointed by the Ministry of Urban Development (MoUD) in order to work towards the plan of the government to make central buildings in the country accessible by 2009-2011. For this it signed a MoA to conduct access audit of 50 central government buildings in Delhi. Up till now it has audited 45 buildings in total according to a list provided to us by the Ministry Of Urban Development (MoUD). Out of these, audits of 26 buildings are available to the public on the site of Ministry Of Urban Development (MoUD). 2 Modified the definition provided by Access Staintons, Access Consultancy. These reports are a comprehensive scrutiny of the buildings providing a detailed list of the required changes to make them accessible to the disabled. We picked out 3 buildings of the list in order to review the status of implementation on the basis of mainly ease of permission to entry and also size of the building. For example, getting a permission to access the Prime Minister’s Office was a laborious task and so we had to rule it out for review. The buildings we personally visited and tried to review were- 1- Janpath Bhawan 2- National Gallery of Modern Art 3- Patiala House list end The paper will treat these 3 buildings as case studies in order to figure out the current status of work done towards making these government buildings accessible. The review is in tabulated form and has three columns- location/aspects (of the building), the recommended changes by Samarthyam and status of change implementation (as on the date we visited the building). The tables by and large follow an order similar to that of the executive summaries of the audits by Samarthyam for ease of reference for the reader. A- JANPATH BHAWAN 3 list end 3 Access Audit of Janpath Bhawan by Samarthyam obtained from the site of Ministry of Urban Development. http://urbanindia.nic.in/programme/ud/Audit_Report/JANPATH_Bhawan.PDF Janpath Bhawan harbours offices of the CPWD service centre (civil), Bureau of Civil Aviation Security and Ministry of Agriculture to name a few. The access audit of the building was carried out in April 2010. Within these 2 years not much work has been done in the 3 wings of the Janpath Bhawan building. An analysis of the building according to the audit report was carried out. Following are the observations- table with 3 columns and 4 rows LOCATION/ASPECTS RECOMMENDED CHANGES (according to Samarthyam access audit report April 2010) STATUS OF CHANGE IMPLEMENTATION (AS ON 17TH JULY 2012) BUILDING SIGNAGE 1- To be provided at the entrance gate 2- Wing wise signage to be provided for each wing near the steps and lifts. list end 1- Change not implemented 2- Provided near lifts of middle wing and B-wing. No signage near stairs. Wing A signage at unsuitable location. list end TACTILE PAVERS FOR ORIENTATION FROM MAIN GATE. FOR STEPS AND LIFTS. 1- To be provided from main gate to reception. 2- Warning strip to be provided 300mm before the lifts and before and after the first and last step. list end 1- Change not implemented. 2- Change not implemented. list end PARKING 1- Two accessible parking to be provided in 30m of the entrance. list end 1- One accessible parking space list end table end table with 3 columns and 6 rows mc-ref 2- Indication of accessible parking at the entrance to the car park. 3- On the routes of the entrance to the accessible parking spaces, signs should guide to the parking spaces. list end available. 2- Change not implemented. 3- Change not implemented. list end The car parking space has a sign of the following type mounted on the wall. STAIRS HANDRAILS 1- Handrails to extend at least 300 mm beyond the head and foot of the flight and in the line of travel and grouted in the ground. 2- Handrails to be provided on the both sides of the stairs. list end 1- Change not implemented 2- Change not implemented list end STEP DIFFERENTIATION Edges to have bright contrasting colour for differentiation of height and depth of steps. Change not implemented LIFTS 1- Call and control buttons to be between 900mm-1000mm. 2- Braille to be provided. 3- Mirror, grab bars and audio announcement to be provided. 4- 2nd Floor- B-Wing- big threshold in front of the lift entrance to be embedded in the ground. list end 1- Change not implemented 2- Braille available in one of the 2 lifts in B-wing but not in the middle or A-wing. 3- Mirror in all lifts, grab bars in lifts in B and A-Wing. Audio announcement in list end table end table with 3 columns and 11 rows only one lift of B-wing, this is the lift without Braille provision. 4- Threshold not embedded. list end WAY FINDING AND ROOM SIGNAGE WAY FINDING SIGNAGE To be provided at main gate, on all floors and the lifts. Should be in English, Hindi and Braille. Change not implemented at the main gate, provided at the lifts of Middle and B-wing, few way finding signage inside the building. Not signages in Braille ROOM SIGNAGE 1- Non-reflective signage with embossed and Braille letters in contrast colour. 2- To be provided at a height of 1400-1600 mm on the wall with pictogram and Braille for all rooms, sections and facilities. list end 1- Room signage same as before, no Braille and inconsistent most in reflective metal. 2- Change not implemented. list end GENERAL TOILETS SIGNAGE To be provided at a height of 1400-1600mm on the wall with pictogram and Braille. Pictogram on the door with no Braille. WARNING STRIP Warning strip/door mat to be provided 300mm before the toilet entrance. Change not implemented. LADIES TOILET No ladies toilet in the Middle Wing. Should be provided on all floors due to no connectivity of the wing with other wings. Change not implemented. URINALS One urinal in each Gents toilet to be at levelled flooring and chest support grab bar to be provided. Change not implemented. ACCESSIBLE TOILET GROUND FLOOR- Accessible toilets to be provided on all floors Change not implemented. table end table with 3 columns and 8 rows PROPOSED BY CPWD by combining two cubicles CORRIDORS B-WING An iron channel gate threshold at the entrance of Ministry of Agriculture to be embedded in the ground. Change not implemented. GENERAL CIRCULATION AREA Fire extinguishers to be relocated near the bearing pillars. Change not implemented. EMERGENCY MEASURES ALL BUILDINGS Emergency alarm both audio and visual to be provided on each floor. Audio alarm found in A-wing only. Not visual alarms on any floors in any buildings. DRINKING WATER OUTSIDE B-WING. 1- Step entrance to be levelled and taps to be lowered down so that operable parts are between 900-1200mm height. 2- Way finding pictogram to be provided. list end 1- Change not implemented. 2- Change not implemented. list end table end B- NATIONAL GALLERY OF MODERN ART4 list end 4Access Audit of National Gallery of Modern Art by Samarthyam obtained from the site of Ministry of Urban Development. http://urbanindia.nic.in/programme/ud/Audit_Report/National_Gallery_of_Modern_Art.PDF The audit report of National Gallery of Modern Art (NGMA) is dated on 13th November 2009.NGMA has a building called the Old Wing, the New Wing, an Exhibition Hall and a Cafeteria. The New Wing has ramps connecting each floor, wheelchair provision, unisex toilets for the disabled etc this qualifies the building for being a (fairly) accessible building. The table below lists out the status of the changes as on 13th July 2012. The Old Wing, Exhibition Hall and Cafeteria were out of reach because of renovation in progress. So we focussed mainly on the New Wing and the outside area of the building. But during the process we noticed that other than the positives mentioned in the report by Samarthyam, 1- The Exhibition Hall had a temporary ramp in place. 2- The glass doors of the Hall had band of contrasting colour (white) at 2 levels as proposed for the other existing glass doors within the New Wing. list end These facts gave us a happy picture of the future of the built environment for the National Gallery of Modern Art. It seems to be progressing towards being one of the completely accessible government buildings in Delhi. table with 3 columns and 6 rows LOCATION/ASPECTS RECOMMENDED CHANGES (according to Samarthyam access audit report 2009) STATUS OF CHANGE IMPLEMENTATION (as on 13th July 2012) MAIN GATE 1- Even the surface near main gate 2- Tactile pathway list end 1- Still Uneven 2- Tactile guiding tiles not installed list end WAY FINDING SIGNAGES 1- More signages 2- Route Map list end 1- Signages put in place in both English and Hindi but need to have a greater font. 2- No route map list end ACCESSIBLE PARKING Two parking bays of size 3600mm x 5000mm with access symbol imprinted on the ground. Change not implemented. NEW WING ENTRANCE (LEVEL ENTRANCE TO THE WING HAS BEEN PROVIDED) table end table with 3 columns and 9 rows CLEAR GLASS DOORS Band of contrast colour marking or symbol at 2 levels 800- 1000mm and 1400-1600mm. Change not implemented INFORMATION FOR THE VISUALLY IMPAIRED AT ENTRANCE 3D tactile map proposed Change not implemented WHEELCHAIRS FOR PERSONS WITH REDUCED MOBILITY OR DISABILITY Existing signage to be prominently displayed. Signage not prominent enough WAY FINDING SIGNAGE AND EXHIBIT SIGNAGE SIGNAGE 1- Exhibit signs to be in big fonts. 2- Braille signage to be provided between 1400- 1600mm from floor level. list end 1- Exhibit signs in small fonts. 2- Change not implemented list end ORIENTATION FOR THE VISUALLY IMPAIRED INSIDE THE EXHIBIT ROOM PVC strip 800mm wide to be provided in front of the exhibits. Change not implemented AUDIO TOUR FACILITY Audio tour benefitting everyone Change not implemented GENERAL CIRCULATION AREA (RAMPS HAVE BEEN PROVIDED CONNECTING ALL FLOORS) HANDRAILS (RAMPS) 1- Handrail ends of all ramps to be rounded off or grouted in the ground. 2- Handrails to be painted in bright colours (yellow/red) for easy identification list end 1- Handrails on 1st and 3rd floor on the left side of the building not grouted or rounded off. Those on the 2nd floor on the same side enter into the wall at their ends. list end Those on the right side table end table with 3 columns and 8 rows 3- Handrails to extend till the ramp edges. 4- Ramp signage with Braille markings to be provided. list end of the building not grouted or rounded off. 2- Handrails of steel colour. 3- This feature is of a specific railing and is still the same. 4- Change not implemented list end WARNING STRIP Warning strip to be provided 300mm before and after the ramp edges. No warning strip on any ramp on the left side of the building. 2 out of 2 floors of the 3 on the right side have a warning strip on the beginning of the ramp. EXHIBIT AREAS Some exhibit areas have ramps and stairs with no handrails. Handrails proposed. Change not implemented. EXTERNAL STEPS Handrails on both sides and warning tiles before and after the first and the last edges. Change not implemented. STAIRS 1- HANDRAILS HAVE BEEN PROVIDED ON BOTH SIDES. 2- CONTRASTING STEP EDGES HAVE BEEN PROVIDED. list end HANDRAILS (STAIRS) 1- To extend 300mm beyond the head and the foot of the light of the line of the travel and grouted to the ground. 2- Handrails may be provided with Braille plates. list end 1- Change not implemented. 2- Change not implemented. list end WARNING STRIP To be provided 300 mm before and after the first and the last step edges. Change not implemented LIFTS NEW LIFTS HAVE BEEN PUT IN PLACE BUT ARE CURRENTLY UN-OPERATIONAL DUE TO RENOVATION table end table with 3 columns and 10 rows AND NEW CONSTRUCTION. CALL BUTTON Call button to be placed at a height of 900-1000mm. To have Braille markings. Change not implemented LIFT SIGNAGE Signage to be provided, with Braille markings. Change not implemented. AUDIO INDICATORS Audio to be provided in the lift. Change not implemented WARNING STRIP To be provided 300mm before the entrance of the lift. Change not implemented ART SHOP DOORS 1- Contrast bands to be provided at 2 levels – 800-1000mm and 1400-1600mm. 2- Signage with opaque background and Braille to be provided. list end 1- Change not implemented. 2- Background is fairly opaque, Braille not provided. list end GENERAL TOILETS WAY TO THE TOILET 1- Ramp of 1:12 gradient with handrails on both sides.(Ground Floor Toilet) 2- Warning tiles/PVC mats before and after the last and first step of the edges. list end 1- No ramp provided. 2- Rubber mat serving as warning strip provided before the first step of the stairs.(Ground Floor Toilet) 3- Water Cooler near the same area has a rubber mat serving as a warning strip before it. list end PICTOGRAM Proposed triangular and circular pictograms for male and female toilets respectively with Braille Pictograms are rectangular without Braille and raised alphabets. table end table with 3 columns and 15 rows plates and raised alphabets. WARNING STRIP To be provided 300mm before the toilet entrance. Change not implemented. URINALS One of the urinals in the Gents toilet to have grab bars installed on each side and in front. Change not implemented ACCESSIBLE UNISEX TOILET (TOILET HAS INSUFFICIENT SPACE FOR A WHEELCHAIR) DOOR Should open outwards instead of inwards. Change not implemented. DIRECTIONAL SIGNAGE To be provided Change not implemented WASHBASIN Existing should be replaced by a corner washbasin. Change not implemented TOILET Alarm switch at two levels to be provided near the water closet. Change not implemented WAY TO EXHIBITION HALL, CAFETERIA AND OLD WING HANDRAILS (RAMPS) Railings to be raised at 850mm- upper and 700mm- lower. Change not implemented. DRINKING WATER FACILITY WAY FINDING SIGNAGE To be provided. Change not implemented DRINKING WATER COOLER OUTSIDE NEW WING To be removed and relocated as access to it was restricted. Removed. EMERGENCY EVACUATION (FIRE EXIT SIGNAGES AND EXIT DOORS IN BRIGHT CONTRASTING COLOURS HAVE BEEN PROVIDED) INTERNAL SIGNAGE Internal way finding signage should include directional Change not implemented. table end table with 3 columns and 2 rows signages leading to fire exits. EMERGENCY ALARM Both audio and visual to emergency alarms to be provided. Hooter (audio) alarms provided. table end C- PATIALA HOUSE5 list end 5Access Audit of Patiala House by Samarthyam obtained from the site of Ministry of Urban Development. http://urbanindia.nic.in/programme/ud/Audit_Report/Patiala_House.PDF Patiala House Courts Complex is one the five District Courts complexes in Delhi. It is situated near India Gate in central Delhi. The criminal Courts at Patiala House Courts Complex deal with cases pertaining to New Delhi, South and South-West Districts. The District Judge, Additional Sessions Judges, Rent Controllers and Civil Judges are some of the courts functioning at Patiala House Courts Complex. The Delhi Legal Aid Authority also has its office here. table with 2 columns and 6 rows table end table with 3 columns and 3 rows LOCATION/ASPECTS RECOMMENDED CHANGES (according to Samarthyam access audit report 21 DECEMBER 2009) STATUS OF CHANGE IMPLEMENTATION (as on 3rd July 2012) ENTRANCE RAMPS 1- Not available at the main gate. Plinth level to be raised at main entrance near advocate parking and ramp to be provided with handrails 2- Main entrance near Advocate parking area- porch area to be raised upto plinth level 3- Gate No 4- L- shape ramp list end 1- Change not implemented 2- Change not implemented 3- Change not implemented 4- Implemented list end table end table with 3 columns and 13 rows alongside the wall is proposed with handrails and head over shelter. 4- Entrance to court no. 3 & 4- L-shaped ramp to be provided with warning strips. list end PARKING Accessible parking Parking bay to be provided near gate no 2, 3 and 4. Change not implemented STAIRS Handrails To be provided on both sides and at landing at a height of 850mm- 900mm. Change not implemented Step differentiation Edges to have bright contrasting colour for differentiation of height and depth of steps. Change not implemented Tactile warning for person with vision impairment Warning strip/bright colour studs to be provided 300mm before and after the first and last step. Change not implemented LIFT A platform/external lift is proposed near the Lawyers’ Chamber area Change not implemented INTERNAL WAY FINDING AND ROOM SIGNAGE Internal way finding and Room Signage 1- Non reflective signage with embossed and Braille letters in contrast colour. 2- To be provided at a height of 1400-1600mm on the wall with pictogram and Braille. list end 1- Change not implemented 2- Change not implemented list end ACCESSIBLE TOILET Accessible unisex toilet 1- To be provided near list end 1- Change not list end table end table with 3 columns and 12 rows general toilets near water cooler. 2- Sulabh toilet- Gents toilet cubicle to be modified. list end implemented 2- One toilet in the Sulabh toilet area but was closed. Had a proper signage on it. list end Urinal in gents toilet Grab bars to be provided with chest support. Change not implemented GENERAL Resting benches to be provided in the lawn area Change not implemented CONNECTING PATHWAYS Small ramps to be provided to merge the cemented pathway with the brick floor. Small ramps built but inconsistent. DRINKING WATER 1- Water cooler to be brought forward and tap to be lowered down so that all operable parts are between 900-1000mm, leg and knee space to be provided. 2- Way finding signage with pictogram to be provided. list end 1- One water basin provided complying with the requirements. All other water coolers are inaccessible. 2- Change not implemented. list end BARRICADES Spacing between two barricades is too narrow and prohibits mobility aid users to access Lawyers’ chamber. To increase the spacing. Change not implemented SNACK STALLS 1- Flooring to be leveled and paved. 2- A portion of the counters to be lowered down to list end 1- Change not implemented 2- Change not implemented list end table end table with 3 columns and 3 rows mc-ref 800mm. list end mc-ref LOK ADALAT 1- Sunken area to be raised to match room levels. 2- External paving o maintained with 1:12 slope. list end Change not implemented table end Analysis We found that the chain of work to make central government buildings accessible is as follows- The Ministry of Urban Development (MoUD) had appointed Samarthyam to conduct access audits of central government buildings in Delhi. Samarthyam submitted the reports to the Ministry of Urban Development (MoUD). The Ministry of Urban Development (MoUD) then sent them to the Central Public Works Department (CPWD) for implementation. Within the Central Public Works Department (CPWD), the architectural department forwarded drawings (for the changes that come under their purview) to the engineering department. After this, it fell on the engineering department to implement. Within the engineering department, the electric and the civil department were also supposed to perform their respective jobs to make the buildings accessible. All these required changes had to be implemented by the Central Public Works Department (CPWD) within two years of receiving the reports. The review of the 3 buildings in the above section may not provide sufficient evidence to make a generalized comment on all the 45 buildings which have been audited, but it can definitely give a sense of the current status of accessibility of the central government buildings in Delhi. The deadline of 2 years has lapsed for most of the buildings but there seems to have been little work done. For instance, no work has started in the Indraprastha (IP) Bhawan but the Central Public Works Department (CPWD) considers it to be pardonable as the central area is a priority over the IP estate area6. On the bright side we learnt from an official7 that all changes in Transport Bhawan have been implemented to all extent that was possible. 6 From a talk with a government official who did not wish to be cited. 7 An official from the CPWD who did not wish to be cited. Following the chain of work, we can try to figure out which department may be responsible for the lack or slow implementation of the recommended changes. An official in the Ministry for Urban Development (MoUD) shared that the audits were sent immediately to the Central Public Works Department (CPWD) for their part of the job. The architectural department at Central Public Works Department (CPWD) which is next in line has also seemed to have done its part of the work as there were 2 reports8 one dated January 2010 and the other 30-01-2012 sent from the architectural department to the engineering department giving a detailed account of the drawings sent and the requirement of action by the executive engineers for different buildings. An architect mentioned that drawings for changes of few sections of certain buildings are still in the process because of the hindrance posed by the existing structural characteristics of the building. For example, the location at which a ramp is proposed is too narrow for it. But this is the case for very few buildings, for the others the work by the architectural department is complete and rest is in the hands of the engineering department to be taken forward. 8 Seen personally at the CPWD architect department office. There is a reasonable ground to surmise that it is the engineering department of the Central Public Works Department (CPWD) that has been lagging behind in delivering what it is expected to. But why it is so is a difficult question to answer. The reason is that the officials of this department are not particularly open to questions. They either talk of what has been done or avoid the questioner by diverting him to another official. Not surprisingly this is a vicious circle and one ends up getting no information and only a string of ‘NO’s or ‘‘I don’t know’’! Speculations about the implementation lag can be made, some of them being the priority of construction of new buildings, the Commonwealth Games in 2010, financial glitches, lengthy procedures (like tenders) etc. But as there is lack of concrete information this question will remain unanswered by this paper and thus is open to further research. The Future The Delhi metro infrastructure and Dill Haat can serve as inspirations for the future of accessibility in the country. The Model Building Bye-Laws (Nov 2004) are followed in the country for construction of buildings in India.9 These bye-laws do talk of a barrier-free environment but do not have a detailed outlook towards the concept of accessibility. An analysis of these bye-laws is provided by a paper available on the site of Ministry of Urban Development (MoUD) which is a much detailed document focussing mainly on the accessibility of buildings10. It incorporates the importance of moving towards universal design (The design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design). 11 9 Link to the Model Building Bye Laws (2004) as given on the site of Ministry of Urban Development (MoUD). http://urbanindia.nic.in/publicinfo/byelaws.htm 10Accessibility Research and Comparative Analysis of Building Standards & Regulations (Building Bye-Laws) in various states in India: Space Standards & Planning Guidelines for Public Buildings. Research Report by Anjilee Agarwal, Access Consultant. http://urbanindia.nic.in/programme/ud/Research%20Study_Building%20Regulations_Access%20Standards.pdf 11 Universal design definition and principles. http://livableforalifetime.org/pdf/Universal%20Design%20Principles.pdf The key focus here is universal design and keeping that in the picture we mention of The Rights of Persons with Disability Bill, 2011. The new bill has been drafted in harmony with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It focuses on moving towards the universal design which is a milestone for accessibility in India. Section 4 of the bill calls for accessibility on an equal basis with others to the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. The importance given to universal design is one deserving special mention. According to the bill, The National Centre for Universal Design and Barrier Free Environment (NCUDBE) established by order by the Government of India in 2010 will primarily assist the country in becoming universally accessible and inclusive. Also the bill suggests the setting up of a National Disability Rights Authority which will be the guardian of the disabled under the proposed law. It says12 12 Working Draft of the proposed Act prepared by Centre for Disability Studies, NALSAR University of Law, Hyderabad, India (9th February 2011). http://socialjustice.nic.in/pdf/workdraftdd.pdf (1) In order to ensure such accessibility, the Disability Rights Authority shall formulate suitable Regulations (2) The Disability Rights Authority shall in consultation with subject and experiential experts formulate these Regulations by adopting or adapting prevailing standards on physical environment and information and communication technologies and systems to Indian conditions. Whilst making the adaptation and laying down the standards the authority shall ensure that the regulations are age and gender appropriate and are applicable to: (a) All buildings and facilities used by the public; (b) Permanent, temporary or emergency conditions; (c) All new community residential places and private residences to make them visit able and live-able; (d)Road based transport; (e) Aviation; (f) Railways; (g)Maritime transport and ports; (h) Pedestrian infrastructure; (i) Rural Public Transport System; (j) All modes of transport so that any person with disability is able to travel with safety and comfort. One of the functions of the Disability Rights Authority under this Act will be to formulate suitable regulations. For this, The National Centre for Universal Design and Barrier Free Environment (NCUDBE) has been acknowledged by the bill as a supporter of the Disability Rights Authority in developing and monitoring the accessibility regulations by incorporating the theory and practice of universal design. The bill also mandates the observance of accessibility norms by all individuals, organizations and establishments, “No individual, organization or establishment shall be granted permission to build any structure if the building plan does not adhere to the regulations formulated by the Disability Rights Authority.” The bill gives a definite time limit for making existing infrastructure and premises accessible- maximum 3 years from its enactment for existing public buildings used for government purposes and maximum 5 years for all other public buildings. Any individual, organization or establishment which fails to meet the deadline will be penalized under section 30E of the proposed Act. The penalties are a suspension of water and electricity till the accessibility requirements are met, or a fine which may extend to 5% of the market value or the estimated market value of the building; or both. If the offender fails to comply with the above provisions within a period of six months from the date of conviction, the offender shall be penalised with additional fine which may extend up to one lakh rupees for every day during which such failure continues after the conviction for the first such failure. This bill is landmark in case of accessibility of the physical environment in India. It has at least driven home the point that the accessibility standards conforming to the universal design are important for the government. The penalties associated with the lack of implementation of the regulations infuse strength in the ideology behind the bill. Final Comment The 45 buildings that Samarthyam has audited in the past are a small fraction of the total public buildings in India. The lacklustre performance of the Indian government in bringing them to an accessible status clearly shows that the issue has been given a back seat even after decent policy backing. The carrying out of access audit of buildings was a positive move by our government towards the issue after signing and ratifying United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2008 but there still is a lack of impetus for its implementation. There is a need for further sensitization towards the issue of accessibility in India. The proposed disability bill, 2011 seems to promise a breakthrough but what are few lines on paper worth unless backed by concrete action on ground. -- Avinash Shahi MPhil Research Scholar Centre for the Study of Law and Governance Jawaharlal Nehru University New Delhi India Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. 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