RIGHT TO ACCESS A BARRIER FREE ENVIRONMENT

- C. Mahesh

Creating an accessible/ barrier free environment starts with the belief that everyone has something to contribute for the growth of the nation

Persons with disabilities have been mostly seen as people who need to be taken care of and protected. Initial policies and programmes relating to persons with disabilities were based on the approach of institutionalization and passive community care, which encouraged their dependence. Such policies and programmes also resulted in the creation of built environments and systems that are full of barriers hindering persons with disabilities from participating actively in community life.

An accessible/ barrier free environment is one, which allows people to move around safely, independently, and without restriction. Rough estimates state that 4-5% of India's population is people with disabilities and they are from the young and the old, rich and poor and rural and urban. Creating a barrier free environment not only benefits persons with disabilities but also people who are temporary disabled due to illness or accidents, the elderly, expectant mothers, and children.

In recent times, the discussions are centered around ‘Universal Design’[1] Universal Design is a framework for the design of places, things, information, communication and policy to be usable by the widest range of people operating in the widest range of situations without special or separate design. Most simply, Universal Design is human-centered design of everything with everyone in mind.

Universal Design is also called Inclusive Design, Design-for-All and Lifespan Design. (Source: Adaptive Environments, www.adaptenv.org). In other words, ‘Universal Design’ or ‘Universal Access’ promotes inclusion of all in the mainstream society. Such an environment also benefits able-bodied people, particularly when they are encumbered with luggage, children, pushcarts, and so on.

For example: having to get about in a wheelchair/ crutch brings a person up against many of the restrictions that built environments impose - a single step has the potential to exclude a wheelchair/ crutch user from independently entering and making use of the facilities in the building. Uneven pathways, open drain, slippery/ glazed floors, improper lighting, unexpected obstacles such as a lamp-post in the middle of the footpath can prove to be a highly dangerous for persons with poor vision as these could cause accidents and injuries. Lack of visual signage/ information and people’s insensitivity could prevent the hearing impaired from being self-reliant.

The Access Equation:

Inaccessibility = poor / no education = poor social skills = poor job opportunities = becoming an object of sympathy + poor self esteem

Accessibility = good education = good social skills = good job opportunities = an equal member of society = confidence and self reliance

The access equation shows how, when access is denied, persons with disabilities are marginalized and excluded from mainstream society.  Source: Success and Ability Magazine

In addition, it is important to clarify that, accessible built environment is not only restricted to buildings such as houses, school, Govt. buildings but also covers the external environment such as footpaths, pedestrian crossings, access to public transport, bus-stand, parks, play ground, stadium and also hazardous traffic.

Creating a barrier free environment requires people from various walks of life who understand the underlying discrimination and lack of opportunities faced by persons with disabilities, people who are willing to get together, working out strategies, and implementing them. These include policy makers and the government, architects and builders, law enforcement and town planning officials, people with expertise in disability issues, and, most importantly, people with disabilities themselves.

In several countries, improvements to the mobility of persons with disabilities and their use of facilities and services in the built environment clearly lag behind legal provisions. For example, even if individual buildings are made barrier free, reaching them is often a major problem. The problem of accessibility cannot be tackled piecemeal, but requires a holistic approach wherein a barrier free environment is created in society as a whole, both in its physical and attitudinal aspects.

A freely accessible society without any physical obstacles is a first and foremost requirement to mainstream people with disabilities. Right to education, work, freedom of mobility of expression is of no relevance unless the points of entry to success, work place, sports and cultural arenas are made accessible. It is only then that people with disabilities will be able to tap their potentials, hidden talents and give back to society what they receive from it.

- Major H. P. S. Ahluwalia, frgs, Former Chairman, RCI

The United Nations Convention on the Rights of Persons with Disabilities[2] (adopted in Dec 2006 and signed by India on 30 Mar 07) is a major step toward changing the perception of disability in elaborating existing Human Rights in the context of disability. “Article 9 – Accessibility” of this convention urges the states/ Government “to ensure 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”. And denial of access to services and information to persons with disabilities is a violation of Human Rights.

However, the incorporation of access needs of persons with disabilities is a comparatively new issue, especially in developing countries, and has not figured as an area of priority attention in development plans at different levels.

India – Acts, Policies and Guidelines

The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1996[3], was enacted by the Government of India on January 1^st, 1996. The main objectives of this Act are aimed at creating equal opportunities, protection of rights and non-discrimination of persons with disabilities.  Creating a barrier free environment for persons with disabilities plays a vital part in meeting these basic rights. Chapter VII of the Act, Sections 44 to 46 deals with non-discrimination in transport on the roads and in the built environment. It provides for installation of auditory signals at red lights on public roads, and for kerbs and slopes to be made on pavements for easy access of wheelchair users, devising appropriate symbols of disability and warning signals at appropriate places. With regard to the built environment, provisions have been made for ramps in public buildings, adaptations of toilets for wheelchair users, Braille symbols and auditory signals in elevators.

The “Principal Areas of Intervention” in the “National Policy for Persons with Disabilities”[4] Ministry of Social Justice and Empowerment, Government of India has a separate section on strategies for creating a ‘Barrier-Free Environment”. The Government of India (Ministry of Urban Affairs and Employment) has amended the existing building byelaws to make public buildings or at-least the ground floor accessible for persons with disabilities and the CPWD in 1998 have developed the “Guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons”[5]. To quote another example the Bangalore City Corporation in 2003 has amended the building byelaws[6] - Part IV, Bye-law No: 31.0 has a section on “Facilities For Physically Handicapped Persons” that is applicable for all public and semi public buildings having covered area of 300 square meter.

 “ACCESS FOR ALL – A Training Manual to promote 'Barrier Free Environment”[7] has been published by Rehabilitation Council for India (RCI).

However, despite the number of Acts, policies, guidelines most public spaces and public buildings such as schools/ colleges, Govt. offices, private employers, businesses establishments, places of historical interests have made little or no provisions for creating an barrier-free environment. In many instances the adaptations such as ramps or toilets especially in schools, bus-stands, railway stations or airports have been done without following the basic minimum standards as specified in the guidelines.

“A sticker of wheelchair on the toilet door and by fixing a couple railing by the side of the toilet seat“ does not convert the toilet into an accessible toilet.

Lack of human, financial and legal resources to enforce and monitor the implementation is a major constraint. There is a lack of effective enforcement mechanisms for building byelaws and the development and maintenance of roads.

In order to improve this situation, the need for barrier-free access need to be projected as matters related not only to persons with disabilities but to all sections of society. Subjects on ‘Universal Access’ should be part of the course curriculum for degree and diploma programmes in architecture, urban planning, building design, transport, and engineering. This will lay a good foundation for trained human resources for improving accessibility. Lobbying and campaigning can go a long way in pressurizing the various Government agencies to implement the existing legislation.

Government organisations at the national level, local level, education systems, associations of professionals, and non-governmental organisations need to work in a concerted manner to bring about an egalitarian society where there are no barriers to prevent any individual from playing an active role in the enrichment of society.

The National Policy for Persons with Disabilities Principal highlighting the ‘Areas of Intervention for a Barrier-free Environment’ and ‘Accessibility Check List’ for measuring the accessibility of services and facilities and helps in identifying barriers that need to be removed follows this report.

National Policy for Persons with Disabilities

Ministry of Social Justice and Empowerment

Government of India

No.3-1/1993-DD.III

http://www.disabilityindia.org/nationalpolicyfordisable.cfm

Principal Areas of Intervention

Barrier-free Environment

For creation of barrier-free environment, the following strategies will be adopted:

i.        Public buildings (functional or recreational), transport amenities including roads, sub-ways and pavements, railway platforms, bus stops/ terminals, ports, airports, modes of transports (bus, train, plane and waterways), playgrounds, open space etc. will be made accessible.

ii.      Use of sign language in all public functions will be encouraged.

iii.    Modification of Curriculum of Architects and Civil engineers will be undertaken to include issues relating to construction of barrier-free buildings. In service training will be provided on these issues to the government architects and engineers.

iv.    Full adoption of comprehensive building byelaws and space standards for barrier-free built environment shall be ensured. Effort will be made to ensure adoption of the byelaws and space standards by all the states, municipal bodies and Panchayati Raj institutions in the country. These authorities will ensure that all newly constructed buildings for public use are barrier-free.

v.      State Transport Undertakings will ensure disabled friendly features in their vehicles. Railways will provide barrier-free coaches in a phased manner. They will also make the platforms-buildings, toilets and other facilities barrier-free.

vi.    The Government will ensure that Industrial establishments, offices, public utilities both in public and private sector provide disabled friendly work place for their employees. Safety standards will be developed and strictly enforced.

vii.  Proactive steps will be taken to ensure disability-friendly IT environment in the country.

viii.            All the buildings, which are for public use, will be audited for its accessibility to persons with disability. There may be a need to develop professionally recognized access auditors whose services would be utilized for the purpose.

ix.                Banking system will be encouraged to meet the needs to the persons with disabilities.

x.                  Communication needs of the persons with disabilities will be met by making information service and public documents accessible. Braille, tape-service, large print and other appropriate technologies will be used to provide information for the persons with visual disability.

Accessibility Check List

The checklist given below is a tool for measuring the accessibility of services and facilities and helps in identifying barriers that need to be removed.

1. Local Government action on access

a) Has your local body set an example for the community by providing physical access for everyone to all public buildings an facilities?

b) Have building code specifications concerning access been fulfilled?

c) Is there an action plan and budget provided by your municipal authority to remove identified barriers?

2. Public facilities in the municipality

a) Are the following public facilites barrier-free eg Police stations, Post Offices,Social service buildings, Health centers, Libraries?

b) Can persons using wheelchairs access public telephones?

c) Are public telephones amplified for persons with hearing impairments?

d) Are public signs large and clear in the community?

3. Access for pedestrians with disabilities

a) Can pedestrians with disabilities easily use pavements?

b) Are there audible traffic signals installed at pedestrian crossings for the safety of people with visual impairments?

4. Regular transportation system

a) Are there adequate assistive features to increase access on buses?

b) Are the following transportation services barrier-free and accessible to persons with disabilities? Mini-buses/vans, Trains, Ferries,

Ships,

c) Are the following locations barrier-free: Bus stops, train stations etc?

d) Is there any disability awareness training for drivers and conductors on the public transport system?

5. Housing

a) Are there laws and regulations that ensure access to new government sponsored housing?

b) Are there laws and regulations ensuring and funding modification of existing housing?

c) Are there laws and regulations ensuring barrier-free private housing?

d) Is barrier-free design information readily available?

e) Does the community support accessible housing through the provision of services such as cleaning maintenance?

6. Accessible schools

a) Are all schools accessible for students and/or staff with disabilities?

b) Are there any regulations to ensure the accessibility of new schools?

c) Are all facilities, such as gymnasiums and science laboratories, inside local schools barrier-free?

d) Are there barrier-free toilets on each floor in all schools in the locality?

 (Source: basin-sa Quarterly Newsletter/ 2007/ No.9 - Extracted from Access for all: Training manual to promote `barrier-free environment' Produced by the Rehabilitation Council of India. Details available at  www.rehabcouncil.nic.in)

Home