RIGHT VS REALITY: INDIA’S ACCESSIBILITY CHALLENGE

THE CONTEXT: On November 8, 2024, the Supreme Court of India delivered a landmark judgment in Rajive Raturi vs. Union of India, affirming accessibility as a fundamental right for PwDs. Key aspects of the judgment include declaring Rule 15 of the RPwD Rules, 2017, as ultra vires to the RPwD Act, 2016. The court has directed the Union Government to frame mandatory, non-negotiable accessibility standards within three months.

DEFINITION OF ACCESSIBILITY IN THE CONTEXT OF PERSONS WITH DISABILITIES (PWDS):

Accessibility for PwDs refers to the design of products, devices, services, or environments that allow individuals with disabilities to use them effectively and independently. It includes direct access (unassisted use) and indirect access (compatibility with assistive technologies). The Rights of Persons with Disabilities (RPwD) Act, 2016 defines accessibility as providing safe and appropriate access to all physical infrastructure, transportation, information, and communications, including technologies and systems.

LEGAL FRAMEWORK AND INTERNATIONAL COMMITMENTS:

• • Rights of Persons with Disabilities (RPwD) Act, 2016: The Rights of Persons with Disabilities (RPwD) Act, 2016 is a landmark legislation in India that aims to uphold the dignity and rights of persons with disabilities (PwDs). This Act replaced the Persons with Disabilities Act of 1995 and significantly expanded the scope of disabilities from 7 to 21 conditions.

Key provisions of the RPwD Act include:

• • Ensuring non-discrimination, full and effective participation, and inclusion in society.
  • Promoting respect for the inherent dignity and individual autonomy of PwDs.
  • Mandating accessibility in physical infrastructure, transportation, information, and communication technologies.
  • Reserving 4% of government jobs and 5% of seats in higher education institutions for persons with benchmark disabilities.
  • Imposing penalties for violations of the Act’s provisions.

• • United Nations Convention on the Rights of Persons with Disabilities (UNCRPD): The UNCRPD is an international human rights treaty adopted by the United Nations General Assembly in 2006. India ratified the convention in 2007, demonstrating its commitment to protecting and promoting the rights of PwDs.

Key principles of the UNCRPD include:

• • Respect for inherent dignity and individual autonomy.
  • Non-discrimination and equality of opportunity.
  • Full and effective participation and inclusion in society.
  • Accessibility as a fundamental right.
  • Respect for difference and acceptance of persons with disabilities as part of human diversity.
  • The UNCRPD is a guiding framework for national legislation and policies, including India’s RPwD Act.

CURRENT STATE OF ACCESSIBILITY IN PUBLIC SPACES:

• • Lack of proper accessibility features (ramps, railings, spacious cubicles): Many public toilets lack essential features, making them unusable for PwDs. These deficiencies severely limit the independence and dignity of PwDs when using public facilities. Accessibility is not an afterthought; it’s a prerequisite for creating truly inclusive cities. A study analyzing toilet facilities in primary healthcare units found significant shortcomings:
    • 77.7% of toilets had doorways narrower than required for wheelchair access.
    • 67.6% had inadequate or non-existent grab bars on the side and rear walls.
    • 91.1% of toilet seats were at inaccessible heights.
    • 80.3% of sinks were higher than recommended.
  • Misuse of designated PwD toilets: In some cases, toilets designated for PwDs are misused or repurposed, further reducing the already limited accessible facilities. The toilet delineated for PwDs was used as a storeroom. This misuse violates the rights of PwDs and demonstrates a lack of awareness and respect for accessibility needs.
  • Improper design of existing accessibility features: Even when accessibility features are present, they are often poorly designed or implemented, rendering them ineffective or even dangerous. Common issues include:
    • Ramps with slopes too steep for safe wheelchair use.
    • Narrow doorways that prevent wheelchair entry.
    • Lack of adequate turning space inside toilet cubicles.
    • Improperly positioned grab bars.
  • Prevalence of ableist norms in city planning: Ableist norms continue to dominate urban planning and design, resulting in cities that exclude and marginalize persons with disabilities (PwDs). This prevalence of ableism in city planning stems from a narrow perspective that favors able-bodied individuals, particularly the “young adult fit white male” or “average person” archetype.
  • Retrofitting challenges: Existing infrastructure often doesn’t meet accessibility standards, and retrofitting can be costly and complex. A 2020 analysis by the National Centre for Promotion of Employment for Disabled People (NCPEDP) found that disability considerations often get overshadowed in urban development proposals, even in cities involved in both the Smart Cities Mission and the Accessible India Campaign.

CHALLENGES IN IMPLEMENTATION:

• • Institutional blind spots towards PwD needs: These blind spots often stem from a lack of awareness and understanding of the diverse needs of PwDs among policymakers, urban planners, and government officials. The UDID was meant to create a national database for PwDs and provide them with a universally applicable identity card. However, its implementation has been fraught with delays and inefficiencies. This delay highlights the lack of prioritization and understanding of PwD needs at the institutional level.
  • Viewing accessibility as a “special requirement” instead of a fundamental need: This mindset often results in accessibility features being treated as optional add-ons rather than integral components of urban design. The economic implications of this mindset are significant. The UN estimates that cities could lose 15-20% in tourism revenue by not accommodating disabled individuals.
  • Lack of universal design principles in initial planning stages: A 2020 analysis by the National Centre for Promotion of Employment for Disabled People (NCPEDP) found that disability considerations often get overshadowed in urban development proposals, even in cities involved in both the Smart Cities Mission and the Accessible India Campaign. Ableism prevents celebrating and planning for human diversity.
  • Marginalization and systemic inequality: A UNESCO and UNICEF study in 2015 found that out of 2.9 million children with disabilities in India, 34% are out of school. Among PwDs of employable age, 73.8% are classified as non-workers or marginal workers. The inability to navigate public spaces independently leads to isolation.
  • Denial of freedom and opportunities for PwDs: The lack of accessible public transportation and infrastructure forces many PwDs to rely on others for mobility. With limited access to education and public spaces, PwDs face significant barriers to employment and economic participation. The constant struggle with inaccessible environments affects the mental well-being of PwDs.
  • Sustainable Development Goals (SDGs): Inaccessibility directly hinders the achievement of several SDGs, including SDG 4 (Quality Education), SDG 8 (Decent Work and Economic Growth), SDG 10 (Reduced Inequalities), and SDG 11 (Sustainable Cities and Communities).

THE WAY FORWARD:

• • Policy integration: Accessibility standards must be integrated into state-level planning laws, local building bylaws, and municipal codes governing urban development and infrastructure projects. Coordination between various departments at the state and city levels is essential to ensure the comprehensive implementation of accessibility measures.
  • Comprehensive planning: The Harmonised Guidelines and Standards for Universal Accessibility in India, 2021, advocate for adopting a Universal Design approach end-to-end, from inception through implementation, operational, and maintenance phases.
  • Opportunity in developing cities: Tier 2 and Tier 3 cities in India have a unique opportunity to integrate inclusivity from the foundational stages of urban planning, potentially setting new benchmarks for accessibility.
  • Rights-based approach: Accessibility should be viewed as a fundamental right, as emphasized by the recent Supreme Court judgment declaring it a fundamental right for persons with disabilities. The Supreme Court has directed the Union Government to formulate mandatory, non-negotiable accessibility standards to ensure compliance with the Rights of Persons with Disabilities Act, 2016.

THE CONCLUSION:

Achieving truly accessible cities requires a multifaceted approach that combines policy changes, universal design principles, shifted perspectives, and robust enforcement mechanisms. As Chief Justice of India, D.Y. Chandrachud, stated, “We are now under a duty to build better, inclusive public lives for our citizens.” This duty extends to all sectors of society, from policymakers to urban planners, private businesses to individual citizens, in creating a more inclusive and accessible urban environment for all.

UPSC PAST YEAR QUESTION:

Q. The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment

MAINS PRACTICE QUESTION:

Q. “Accessibility is not a special requirement but a fundamental need for creating truly inclusive cities.” Discuss this statement in the context of urban planning and design in India.

SOURCE:

https://www.deccanherald.com/opinion/right-vs-reality-indias-accessibility-challenge-3297824