Source: Indian Express

Introduction

The Central Public Works Department (CPWD) has issued directives to its regional offices to ensure that all public buildings are accessible to persons with disabilities (PwD). This move comes after a significant delay in compliance with the Rights of Persons with Disabilities Act, 2016, and the subsequent guidelines laid down by the government.

What is the Rights of Persons with Disabilities Act, 2016?

• Enactment and Enforcement Dates:
  • It was enacted on 27^th December 2016, replacing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
  • The Act came into force on 19^th April 2017, heralding a new era of rights and recognition for persons with disabilities (PWDs) in India.
• Convention Related to the Act:
  • The Rights of Persons with Disabilities Act, 2016, is closely aligned with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007.
  • The UNCRPD seeks to uphold the dignity, autonomy, and rights of persons with disabilities worldwide.
• Salient Features:
  • The Act broadens the scope of disabilities to cover 21 conditions, including physical, intellectual, mental, and sensory impairments.
  • It mandates that educational institutions and government organizations reserve seats and positions for persons with disabilities, ensuring their access to education and employment opportunities.
  • The Act emphasizes the creation of barrier-free environments in public spaces, transportation, and information and communication technologies, enabling greater accessibility for persons with disabilities.
  • It mandates the government to formulate schemes and programs for social security, healthcare, and rehabilitation of persons with disabilities.
  • The Act mandates the formulation of guidelines and standards for public buildings to ensure universal accessibility.

What are the Mandates for Public Buildings in Disability Rules, 2017?

• Rule 15 of the Rights of Persons with Disabilities Rules, 2017, delineates accessibility standards for physical environments, transportation, and information and communication technology.
• The recent amendments make compliance with the 2021 harmonized guidelines obligatory for all establishments.
• These comprehensive guidelines encompass various aspects, ranging from architectural planning to the installation of accessibility features like ramps and audio-visual aids.

What are the Progress and Challenges in Implementation?

• Despite the issuance of guidelines, the incorporation of accessibility standards into building by-laws by states remains a significant challenge.
• The National Institute of Urban Affairs (NIUA) has been actively advocating for this integration but encounters resistance.
• While efforts have been made to train stakeholders and raise awareness, the pace of implementation remains sluggish.

What is the Status of Accessibility in Public Buildings?

• Accessible India Campaign, 2015:
  • The Accessible India Campaign was launched in 2015 to empower persons with disabilities.
  • The campaign addresses various aspects including physical environments, transportation, assistive technologies, and digital platforms.
  • Despite India's commitments to the UN, there was insufficient focus on accessibility prior to 2015.
  • Campaign pillars encompassed the built environment, transportation, and information and communication technology.
  • Initiatives involved modifications in airports, railway stations, and public transport hubs.
  • The focus extended to accessible websites, documents, and trained sign language interpreters.
• Current Position:
  • The Accessible India Campaign, launched in 2015, aimed to enhance accessibility across public infrastructure.
  • However, the progress has been uneven, with limited retrofitting of existing buildings.
  • A lack of awareness and accountability among implementing agencies has compounded the issue, leading to inconsistent outcomes and underutilization of allocated funds.

Conclusion

Ensuring universal accessibility in public buildings is not just a legal obligation but a moral imperative. The recent directive by CPWD signifies a step in the right direction, but much more concerted efforts are needed to translate guidelines into tangible outcomes.