Strengthening the Indian accessibility framework by harmonizing Indian Domestic Laws with UNCRPD By: Subhash Chandra Vashishth Programme Coordinator- Svayam www. svayam. com Subhash. vashishth@svayam. com
Objectives of Study • To study the existing domestic laws of India affecting the mobility and transportation of the persons with Disabilities & the Elderly Persons. • To study the enabling provisions /rights under UNCRPD that enhances the mobility & transport of the Pw. D. • Suggest improvements in the domestic laws that are needed to make these laws compliant to the mobility rights ensured by UNCRPD
Methodology • Listing of a few most relevant Indian laws affecting the independent mobility & transportation of Persons with Disabilities & the Elders. • Extracting the relevant portions from the relevant laws, Persons with Disabilities Act, 1995 and the UN Convention on the Rights of Persons with Disabilities. • Studying the provisions to see what needs to be improved to bring the law in consonance with the UN Convention. • Suggesting the improvements that may be needed to harmonise these laws with the convention
Scope and limitations of the Study • The study only dwells on the issue concerning accessibility & mobility for all. Hence, only few most relevant laws that directly or indirectly affect the above have been taken into consideration. • The study dwells on the Central Acts only thus various laws passed by state legislature have not been touched. • The study report doesn’t cover detailed scrutiny of rules, regulations, bye-laws, orders & circulars etc. which often contain operative part of the provisions available in the Acts. Needless to say that all such rules & Regulations etc also need to be amended based on spirit of UNCRPD. • Recommendations /suggestions made hereunder are illustrative and not exhaustive. • Many disabled people face discrimination, exploitation or abuse due to negative attitudes, charitable perspectives, socio-cultural barriers and multiple discriminatory factors like gender, caste, religion or class & issues like non-implementation of existing laws. This study doesn’t cover these barriers
Laws listed for study • THE AIRCRAFT ACT, 1934 • THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 • THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT 1958 • THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES 1959 • THE CANTONMENTS ACT, 1924 • THE GOVERNMENT BUILDINGS ACT, 1899 • DELHI SCHOOL EDUCATION ACT-1973 • CUSTOMS ACT, 1962 • MOTOR VEHICLES ACT, 1988 • THE CINEMATOGRAPH ACT, 1952 • THE RIGHT TO EDUCATION ACT 2009 • THE BOMBAY LIFTS ACT 1939 (AS APPLICABLE TO DELHI) & DELHI LIFT RULES, 1942 • INDIAN RAILWAYS ACT 1989 • NATIONAL ACCESS CODE/ BUILDING BYE-LAWS
The Aircraft Act, 1934 • This is an Act to make better provision for the control of the manufacture, possession, use, operation, sale, import and export of aircraft. Under Section 5 A of this Act, DGCA has been empowered to issue directions to ensure that the rules, regulation issued under the Act are implemented. • Under the above Act, a detailed “DGCA CAR (Civil Aviation Requirements) for the carriage by air of persons with disabilities” has already been prepared and amended last in the year 2009 and further revisions are on cards. • The new aircrafts ensure that an accessible toilet is provided on the aircraft but in the domestic front, several aircrafts are of old fleet with inaccessible aircraft and narrow aisles.
THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 Suggestions/Recommendations 1. CHAPTER III FUNCTIONS OF THE AUTHORITY 12. Functions of the Authority. (1) Subject to the rules, if any, made by the Central Government in this behalf, it shall be the function of the Authority to manage the airports, the civil enclaves and the aeronautical communication stations efficiently. (2) It shall be the duty of the Authority to provide [inclusive & accessible] air traffic service and air transport service at any airport and civil enclaves. 2. Allocation of surplus funds. 25. Allocation of surplus funds. (1) The Authority may, from time to time, set apart such amounts as it thinks fit as a reserve fund or funds for the purpose of expanding existing facilities [ or modification in existing buildings and services to be accessible to all ], or creating new facilities or services at any airport, civil enclave, heliport or airstrip or for the purpose of providing against any temporary decrease of revenue or increase of expenditure from transient causes or for purposes of replacement, or for meeting expenditure arising from loss or damage from fire, cyclone, air-crash or other accident or for meeting any liability arising out of any act or commission in the discharge of its functions under this Act: Provided that without prejudice to the right of the Authority to establish specific reserves for one or more specific purposes, the Authority shall also have the power to establish a general reserve: Provided further that the sums set apart annually in respect of each or any of the specific and general reserves and the aggregate at any time of such sums shall not exceed such limits as may, from time to time, be fixed in that behalf by the Central Government.
THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT 1958 • This Act was passed to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulations of archaeological excavations and for protection of sculptures, carvings and other like objects. Under this Act and rules made thereunder, Archaeological Survey of India manages, maintains the heritage monuments and sites of national importance which are open to public for viewing. • To realize rights conferred on the Persons with Disabilities under Article 9 (Accessibility) read with article 30 (Participation in cultural life, recreation, leisure and sport) of UNCRPD, these monuments must be made accessible so that disabled visitors could take part in the cultural life on an equal basis with others. • To this end following amendments are suggested in AMASR Act 1958:
Insertion of a new and suitable definition of Barrier Free Access in Section 2 (definition) as below: “Barrier free Access” to a protected monument or protected area or site or remains shall mean and include making appropriate provisions and reasonable accommodations based on Universal Design, by way of ramps, slopes, curbs, lifts/elevators, mechanized devices /instruments, accessible parking, accessible toilets, accessible routes, signage, information in alternate formats of communication so that all visitors/tourists can, without assistance, approach, enter, pass to and from, and use the place with dignity on an equal basis with others and an absence of which may be construed as Discrimination on the basis of Disability. For the purpose of this section Reasonable Accommodations, Universal Design, Communication & Discrimination on the basis of disability will have the same meaning as enshrined in UN convention on the Rights of Persons with Disability and or The Persons with Disabilities Act - 1995.
Amendments/additions Section 2 Definition (f) “maintain”, with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the doing of any act which may be necessary for the purpose of preserving a protected monument or of securing convenient and barrier free access; Section 6(d) The facilities of equitable and barrier free access to be permitted to the public or any section thereof or to archaeological offices or to persons deputed by the owner, ……. Section 18 Subject to any rules made under this Act, the public shall have right of barrier free access to any protected monument. Section 19 – Insertion of this proviso toward the end of section: “Provided that nothing in this subsection shall be deemed to prohibit any alteration/temporary construction carried out by an Archaeological officer, his agents, subordinates & workmen to provide barrier free access to the protected areas. ”
THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS RULES 1959 Suggested changes/improvements in AMASR Rules 1959: Insertion of new Section after Section 5 (Access to Protected Monuments) Section 5 A. Provision of Barrier Free Access for visitors with disabilities, senior citizens etc: Barrier free access to services and areas open to public shall be provided at the monuments to visitors with disabilities, senior citizens and those with reduced mobility on an equal basis with others. Amend proviso to Section 6 • • Provided also that the Director-General may, by order, direct that, on such occasions and for such periods or for such class/categories of visitors as may be specified in the order, no fee shall be charged for entry in to a protected monument or part thereof. {justification: To allow DG to waive off entry fee for visitors with disabilities}
Insert following Provisio to Section 8 Prohibition of certain acts within monuments: No person shall within a protected monument, - • (a) do any act which causes or likely to cause damage or injury to any part of the monument, [Provided that while making provisions to provide barrier free access at the monument, care shall be taken to keep the intervention to minimum possible so as not to cause substantial alteration keeping the conservation requirements, historical value and national importance of the monument in view. ] {Justification: often access is not provided in the name of protected status of the monument and citing reasons of likely damage or injury to the monument. This would authorize ASI to make reasonable alterations so to find a mid way out between preservation and accessibility. } (g) bring, for any purpose other than the maintenance of the monument, (i) Any animal, or (ii) any vehicle except in areas reserved for the parking thereof. Provided that nothing in this rules shall apply, In case of an animal; to a service animal, guide dog, assistance dog used by a person with visual impairment for his mobility, provided that such service animal is duly tied and strapped as per rules. In case of a vehicle; to any mobility device/machine, equipment operated manually or electric or solar/battery operated such as wheel chairs, baby buggies, push chairs, walkers, rollators etc used by persons with disabilities; or any non-polluted transfer vehicle service provided by Archaeological Survey of India.
LAWS of Civic agencies – The following amendments are only indicative and not exhaustive and it is suggested that all statues that create local bodies, municipalities, panchayats should be appropriately amended to mandatorily include accessibility as an essential feature in all infrastructure development from housing, workplace, road infrastructure, public conveniences, schools, hospitals, transportation and public buildings etc. – The states and local authorities should mandatorily ratify the model building bye-laws so that no building plan is sanctioned unless it provides for accessibility features.
THE CANTONMENTS ACT, 1924 This Act seeks to consolidate and amend the law relating to administration of cantonments. Following amendments in the Act are suggested with a view to make the facilities in Cantonment areas accessible and barrier free: Insert amendement 130. Public latrines, urinals and conservancy establishments –All public latrines and urinals provided or maintained by a Board shall be so constructed as to provide separate accessible & barrier free compartments for each sex and one unisex accessible compartment and not be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order. Insert a proviso 178 A. Sanction for building – No person shall erect or re-erect a building on any land in a cantonmentin an area, other than the civil area, except with the previous sanction of the Board; in a civil area, except with the previous sanction of the Executive Officer, nor otherwise than in accordance with the provisions of this Chapter and the rules and bye-laws made under this Act relating to the erection or re-erection of building. Provided that no sanction shall be given unless the building has Universal Design features to provide accessible and barrier free access for persons with disabilities, in the case of buildings meant for public use and will include any public housing being developed.
THE GOVERNMENT BUILDINGS ACT, 1899 • This is an Act to provide for the exemption from the operation of municipal building laws of certain buildings and lands which are the property, or in the occupation, of the Government and situate within the limits of a municipality. • The very basic premise on which this Act was based was to reduce municipality hassles for Govt. Buildings. • However, in light of accessibility provisions of the PWD Act and UNCRPD that buildings should be accessible, the Act looses its relevance so far as the ensuring accessibility is concerned. Suggestion: • Either scrap this law being redundant or should be appropriately amended to ensure that all the Govt. Buildings will have to be mandatorily based on universal design to be accessible to people with disabilities as per access standards in Model Building Bye-laws.
THE DELHI SCHOOL EDUCATION ACT, 1973 • Why should the schools be recognized and affiliated unless they are barrier free and provide for inclusive education and related infrastructure ? Amendments suggested Amendments be carried out in Section 2(u) “definition of School” to include a special school or training centre for the children with disabilities also so as to be comparable with mainstream schools and not just be a school based on charity.
Section 4, Recognition of Schools (4) Recognition of schools- (1) The appropriate authority may application made to it in the prescribed form and in the prescribed manner, recognize any private school: Provided that no school shall be recognized unlessa) it has adequate funds to ensure its financial stability and 1 payment of salary and allowances to its employees; b) it has a duly approved scheme of management as required by section 5 c) it has suitable or adequate accessible and barrier free accommodation, accessible toilets and sanitary facilities having regard, among other factors, to the number, age and sex & physical disabilities of the pupils attending it; d) it provides for approved courses of study and efficient instruction e) it has teachers with prescribed qualifications; and f) it has the prescribed accessible facilities for physical education, library service, laboratory work, workshop practice or co-curricular activities. [Justification: Often private recognized schools are not accessible and do not thus admit children with disabilities. This is not in line with the spirit of inclusive education of UNCRPD. Therefore it should be mandatory to provide accessible environment in the school before it could get recognition and registration under the Act. ]
CUSTOMS ACT, 1962 Insertion of Proviso to Section 25(1) • If a provision is made in the section itself providing for exemption from customs duty in respect of assistive devices for the persons with disability, it would go a long way in benefiting such persons with disability. • Following proviso may be added to sub-section (1) to section 25 of the above Act. “ Provided that any import of aids, assistive devices, equipments and such other technology for the personal use and benefit of a person with disability in training, education or improving their functional skills, aids in independent living and enhances their equal & effective participation in the society on an equal basis with others, shall be exempted from the custom duty. ”
MOTOR VEHICLES ACT, 1988 This Act seeks to consolidate and amend the law relating to motor vehicles. • Section 116 of the Act provides for power to the State government to erect traffic signs in any public place for regulating speed limits, prohibitions or restrictions and for the purpose of regulating motor vehicle traffic. (a) Provisions for Auditory signals & Markings at Zebra Crossings In order to enable blind or deaf persons to be warned about oncoming vehicles at zebra-crossings while crossing road, it is necessary that while fixing traffic signs at public places as also at zebra crossings, the State Governments should also provide auditory signals and markings at zebra crossings for the benefit of persons with disability. Accordingly, it is suggested that Sub-section (1) (a) of section 116 of this Act may be amended to add a Proviso as follows: “Provided that the State government or any local authority authorized in this behalf shall erect traffic signs, install auditory signals at red lights in the public roads, curb cuts and slopes in pavements so as to provide inclusive, uninterrupted continuous pedestrian and road infrastructure , for effective participation of persons with disabilities on an equal basis with others. ”
• (b) Provisions Related to driving licenses to persons with orthopedic disabilities Section 8(4) Motor Vehicle Act provides, “If, from the application or from the medical certificate referred to in subsection (3), it appears that the applicant is suffering from any disease or disability which is likely o cause the driving by him of a motor vehicle of the class which he would be authorized by the learner’s licence applied for to drive to be a source of danger to the public or to the passengers, the licencing authority shall refuse to issue the learner’s licence. ” • Reasons: This section gives wide arbitrary powers to the licensing officer to refuse grant of driving licence to a person with disability or a person affected by leprosy in a non-infectious state. Thus there is a need of detailed guidelines related to issuances of driving license to persons with orthopedic disabilities to check arbitrary use of powers. • Secondly the word “Invalid Carriage” should be changed to Motor Cycle with/without Gear (Adapted/Altered Vehicle driven by a person with disability). • Thirdly the license given to a person with disability should be universal rather than specific to the vehicle number.
(d) Provisions Related to registration of adapted motor vehicles driven by persons with orthopedic disabilities. • • Registration of Adapted /Altered Scooters meant for use of Persons with Orthopedic Disabilities People with orthopedic disabilities (especially those with Post Polio Residual Paralysis and those with spinal injuries) often prefer a scooter with side-wheels which is an economic mode of transport. Since no company produces such scooters (called an invalid carriage!!!) in India, people with disabilities have to get the fabrication done through local mechanics and fabricators etc. However registering such vehicles and driving license to drive such (invalid carriage) is an uphill task as the rules and law do not specifically provide for this and leaves room for subjectivity and corrupt practices and it leads to exploitation of a user with disabilities at the hands of middlemen and RTO offices. Such an adapted vehicle is registered as ‘Invalid Carriage’ at the whims and fancies of the RTO. To harass the RTO often ask the user to produce a sale letter (form 21) of the Invalid Carriage. Now, since no automobile manufacturer in India supply company-fitted scooter with side wheels or produces an invalid carriage, such a sale letter can not be produced. Here starts the harassment to the user and malpractices in absence of laws due to subjectivity available with the RTO officer.
• Even when the carriage is registered, the user is given a driving license denoting the vehicle number on the license meaning that the user can not drive any other similar vehicle in case the vehicle goes out of order. This necessitates seeking a new driving license each time with a new vehicle (even if the vehicle is similar), • As per the Rule 126 made under Section 52 of the Motor Vehicles Act, 1988 (as amended in 2002) "The prototypes of all vehicles including the one for the disabled should be approved by the Pune-based Automobile Research Association of India, otherwise no modifications on any vehicle can be permitted and one has to use a vehicle in the same shape and design as supplied by the manufacturing company. This puts an undue restriction on the persons with disabilities and takes away from their right to free mobility.
Suggested Amendment Section 52 of MV Act “no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer”. Provided that persons with disabilities shall be allowed to alter their vehicles so as to drive themselves at authorized workshops/centres and such vehicles shall be registered by the RTO after inspection and on the basis of fitness certificate issued by such authorized workshop/centre/ manufacturer.
MV Act, Section (18) "invalid carriage" means a motor vehicle specially designed and constructed, and not merely, adapted, for the use of a person suffering from some physical defect (? ) or disability, and used solely by or for such a person; Conclusion: Thus an adapted carriage should not be called an invalid carriage
Delhi Motor Vehicles Rules 1999 • Chapter IV Registration of Motor Vehicles • Chapter V – Control of Transport Vehicles • Chapter VII Construction, Equipment & Maintenance of motor Vehicles Suggestion: Insert provisions so that no public service vehicles whether Government or Private, including educational institute buses, contract carriages (maxi cab, motor can, omni bus etc. ) & public transportation, can be registered without providing access features.
Further Suggestions: MV Act a) Register the vehicle made by companies as Motor Cycle with or Without Gear and not as an Invalid Carriage. b) Empower the concerned RTOs/authorized workshops/centres to test and approve a modified scooter owned and used solely by a physically challenged person and amend the rule 126 of Central Motor Vehicle Rules 1989 accordingly. c) Further exempt all the private vehicles driven by persons with disability from the Road Tax. Though this provision exists, but is not commonly known among the users with disabilities. d) Registration and issuing driving licences should be within a time bound manner and any delay on the part of RTO to be viewed seriously and strictly dealt with. Lapses would amount to deficiency in service and hence user be entitled to compensation.
THE CINEMATOGRAPH ACT, 1952 Amend the section as: 5 -B. Principles for guidance in certifying films. – (1) A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of [(Ins. by Act 49 of 1981 (w. e. f. 1 -6 -1983) the sovereignty and integrity of India] the security of the State, friendly relations with foreign States, public order, decency or morality, indecent and derogatory portrayal of persons with disabilities or women or involves defamation or contempt of court or is likely to incite the commission of any offence. (2) Subject to the provisions contained in sub-section (1), the Central Government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this Act in sanctioning films for public exhibition. Justification: To combat stereotypes, prejudices and harmful practices based on disability, age or sex, (Art 8 Awareness raising) Derogatory portrayal should be included as a ground to refuse certification for public viewing. A member with disability on the Certification Board would be a pragmatic option.
THE RIGHT TO EDUCATION ACT 2009 • • • This is the latest Act that got the assent of the President of India on 26 th August 2009 and intends to provide for free and compulsory education to all children of the age of six to fourteen years. The Act brings in lot of positive initiatives for the children with disabilities too among other children. In fact, this is the first judiciable Act on Education and not merely a scheme which has been the norm for many decades. It gives the children including those experiencing disability – a fundamental right. This will move the entire school system towards comprehensive evaluation. It has positive features like reducing the teacher pupil ration to 1: 35. It also provides for transportation, barrier free accessibility in school, free books etc, which seems to indicate that it provides for children with disabilities. The Act however, subtly relegates the children with disabilities to be dealt by Persons with Disabilities Act (Read Ministry of Social Justice) and literally refuses to include them in true sense. Children are thus sandwiched between Min. of HRD and Social Justice and parents seem to have no role in deciding which school they would prefer to admit their child. It also fails to address children with disabilities that come under the National Trust Act like Autism, CP, MR & Multiple disabilities within the school education. The Act does not include children with disabilities in “child belonging to disadvantage group” Private Schools run under the voluntary initiatives (Run by NGOs) do not seem to be covered under this Act though many such NGOs are supported by Govt. Grants also.
• The Govt. continues to maintain different categories of school which displays discrimination among the children. The amount spent per child in an MCD school, Delhi Govt. School, Kendriya Vidyalaya different a great deal. On top of it, the Govt. substantially provides huge grants to private schools like Sanskriti School while the grants given to Special Schools run by NGOs for disabled children are miniscule. The act fails to streamline multi-layered system of education and perpetuate the inherent discriminatory practices. • The Act should specifically include provisions of universally designed school Buildings, curriculum and practices which include all. Standards needs to be appended to the Act in form of Rules specifying minimum standards for Accessibility to and within School and to various services like, toilets, classes, libraries, play areas, laboratories, Seating in the classes, furniture, technologies that would enable the diversity to be included in the school in true sense. • Rules should address issues relating to transportation, assistive aids and devices, live assistance and availability of computers and modern technology to enhance inclusion. • Provision of Funds for ensuring accessibility within a time bound manner in the existing schools and supervision of Access Auditors to ensure that the infrastructure that comes up is accessible.
THE BOMBAY LIFTS ACT 1939 (AS APPLICABLE TO DELHI) & DELHI LIFT RULES, 1942 Suggested Amendments in Act & Rules: • Under the relevant provisions of the Act, the Govt is empowered to make rules about the specifications of the lift before granting a licence. The specification should be such that no building open to public use should be allowed to get a lift installed which does not provide dignified access to persons with disabilities & seniors. In other words, the specifications should inter alia include minimum door width of 1000 mm and appropriate size of the lift car to allow easy use by a person in wheelchair along with an escort. • The following specification should be added:
Specifications for the Accessible Elevator • • Minimum internal dimensions of the Lift: 1200 mm x 1400 mm deep and preferable dimensions of 1200 mm x 2000 mm. Door Width: The lift door should have clear opening of minimum 900 mm – 1000 mm. No gap or difference in level between the lift door and the floor surface at each level. If the gap is unavoidable, then it should not exceed 12 mm. Lift Lobby: minimum 1800 mm x 1800 mm to allow 360 degree turning radius for wheelchair users. Outside Call Buttons: Out side the lift, there should be clear leveled floor space of 900 mm x 1200 mm with no obstruction from reaching the call buttons. Height of the outside Call buttons to be between 900 mm – 1100 mm from the furnished floor surface. The buttons should contrast in colour and tone from background wall. Buttons should have lettering in Braille and also in raised letters and should be illuminated Internal Controls in the Elevator Car: The control panel should have clear floor space of 900 mm x 1200 mm with no obstruction in reaching the buttons with at least 400 -500 mm from the return wall. Should be placed at a height between 900 mm – 1200 mm from floor level. Have buttons in Braille and raised letters, be illuminated and should contrast visually from the surrounding face plate and face place should similarly contrast with the surface on which it is mounted. Emergency communication system and Fire man switch should be provided.
• • Grab Bars: The elevator car should be provided with Grab bars of 35 -40 mm diameter with 45 mm clearance from the side walls on all three sides at a height of 900 mm from floor level. The ends of the bars should be rounded and smooth. Internal walls: Avoid use of visually and acoustically reflective wall surface which might cause discomfort for user with visual and hearing impairments. It should be non-glary and should not allow graffiti. Areas of Glass should be identifiable by visually impaired. Colour contrast: The lift landing, and car doors should be distinguishable visually through a good colour contrast from the adjoining walls. The internal floor should not be of a dark colour and should have frictional qualities (slip resistant). Automated Door Closing System: Lift door system should allow adequate time for people with disabilities to enter and leave the lift without coming in to contact with closing doors. Automated sensors should ensure that the lift doesn’t close on users. Voice announcement system along with a visual display in the lift and in the lift lobby to indicate lift arrival & its location – to cater to visually & hearing impaired users. The lift should have a mirror on the rear wall to aid people on wheelchairs to see behind them, without needing to turn around. The emergency communication system should be coupled with an induction loop system installed all around the lift.
Indian Railways Act 1989 • Chapter VIII (Section 49 to 60) deals with Carriage of passengers in the railway and Section 60 specifically empowers the Govt. to frame rules regarding carriage of passengers and their luggage. The whole chapter is silent about providing accessibility in train service to people with disabilities as well as seniors. In section 58, it however, mentions earmarking of exclusive compartments/berths for women. Suggested Insertion of New Section 58 A “Section 58 A Carriage of persons with disability/reduced mobility in railways etc. – Every railway administration shall, in every train carrying passengers, reserve such numbers of berths or seats for persons with disabilities as may be required by law and make provisions for the protection of and provision of assistance to disabled persons and persons with reduced mobility traveling by rail in order to protect them against any form of discrimination and to ensure that they receive all possible assistance with due respect and dignity. Every railway administration shall also make rail compartments and railways stations accessible based on Universal Design so that person with disabilities and persons with reduced mobility are able to use the railways with ease, comfort & dignity independently. ” •
• Insertion in Section 60 60. Power to make rules in respect of matters in this Chapter. - (1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generally of the foregoing power, such rules provide for all or any of the following matters, namely: (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers. (a-i) Procedure for Carriage of persons with disabilities and persons with reduced mobility and minimum standards of accessibility in every compartment in all classes of travel and at the railway station, boarding and alighting of passengers, on board toilet facilities and carriage of their assistive aids/devices, escorts and guide dogs including their presence in the train compartment. (b) The amount of refund for the cancellation of a ticket; (c) The circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) The carriage of luggage and the conditioned subject to which luggage may be kept in the clock rooms at then stations. (e) Diseases which are infections or contagious;
• Section 56 is discriminatory to Leprosy Affected Persons Current provision: 56. Power to refuse to carry persons suffering from infectious or contagious diseases : - (1) A person suffering from such infectious or contagious diseases, as may be prescribed, shall not enter or remain in any carriage on a railway or travel in a train without the permission of a railway servant authorized in this behalf. (2) The railway servant giving permission under sub-section (1) shall arrange for the separation of the person suffering from such disease from other persons in the train and such person shall be carried in the train subject to such other conditions as may be prescribed; (3) Any person who enters or remain in any carriage or travels in a train without permission as required under sub-section (1) or in contravention of any conditions prescribed under sub-section (2), such person and a person accompanying him shall be liable to the forfeiture of their passes or tickets and removal from railway by any railway servant. Reason: However Government has not prescribed any rules under section 60 (2) (e) for Diseases which are infectious or contagious. Thus it confers broad arbitrary powers to the officials to discriminate against those affected with Leprosy without laying down any guidelines. This curtails the fundamental right to equality, right to move freely through out the country and right to life guaranteed, respectively under Article 14, 19(d) and 21 of constitution. The rules need to be promulgated while specifying clearly that the Leprosy per se is not treated as contagious disease but as a disability.
National Access Code/ Building Bye-laws • National Access Code: A uniform and single document specifying the mandatory physical access provisions and standards based on Universal Design in all built infrastructure, transportation, services and facilities. Cross linkages of this Access Code with Building Bye-laws/National Building Code (BIS) needs to be drawn to ensure the larger participation and monitoring of access provisions. • • • The law to have overriding effect on all municipal laws with immediate effect if the states do not accept it within 6 months. All buildings open for public use whether private or public, must be barrier free and should be duly certified so by Architects on Record by appropriate amendments in the municipal laws throughout the country. Certification of Architects on Records after due orientation on the subject. Architects on Record to be penalized along with building owner, in case the building comes up without barrier free features. Strict penal clauses on the lines of RTI Act.
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