What is lacking in the government’s plan to secure ‘access’ for persons with disabilities?

TeaThe draft national policy for persons with disabilities was free by the Department of Empowerment of Persons with Disabilities (handicapped people) last month, under the aegis of the Ministry of Social Justice and Empowerment. It identifies various areas for intervention, such as, early detection and prevention, education, skill development, social security, disaster management, among others, enabling persons with disabilities to participate fully and effectively in society. Is.

The policy, currently open to public response, reflects India’s broad commitments under the United Nations Convention to: Right The Rights of Persons with Disabilities as well as the mandate under the Rights of Persons with Disabilities Act, 2016 (RPWDA) was enacted later.

A key area identified for intervention is ‘access’, which is a precondition for persons with disabilities to enjoy guaranteed rights, such as health, education, employment, justice, community life, sports and recreation, etc.

This policy sets out specific commitments of the Government of India to ensure access to the built environment, transport, information and communication systems (ICT), and other facilities and services.


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Go ahead with the 2006 policy

Pay attention to compliance with detailed accessibility standards Compared to its predecessor released in 2006, this policy is far more comprehensive. While the 2006 policy refers to limited access measures, the policy reiterates the strict compliance of wide access standards notified under the RPWDA for public buildings, transport systems and ICTs to make public spaces accessible to persons with disabilities.

Universal design as a guiding principle – The policy also takes a uniquely progressive step towards making public spaces accessible to the public by introducing ‘universal design’ as a key guiding principle. All, and not only for persons with disabilities. For the gradual realization of this goal, it encourages academic curricula in schools and universities to incorporate accessibility and universal design principles for better understanding and adoption in public infrastructure.

Recognizing disability as a cross-cutting issue Where government departments often operate in isolation, the policy recognizes inefficiency as a cross-cutting issue that requires coordinated action. It identifies other ministries and departments, such as the Ministry of Information and Broadcasting, the Telecom Regulatory Authority of India and the Ministry of Road Transport and Highways, and has a clear commitment to issue specific access guidelines for the subject matters within their purview. For example, this may include telecasts as well as broadcasting programs for personal vehicles of persons with disabilities.


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Who is not responsible for the policy

The implementation should match the intent – Despite the accessibility infrastructure, public spaces in India remain inaccessible. The policy seeks to address this implementation gap, which requires accessibility standards to be reflected in municipal building bylaws and adhered to at the planning level.

However, it is not sufficient. To ensure effective implementation, the policy should mandate ongoing audits or periodic inspections of public infrastructure by persons with disabilities or organizations of people with disabilities to ascertain whether access standards are actually being met or maintained. being kept.

missing element of purchase Procurement, whether for construction, transportation facilities or ICT, is an integral part of the implementation of accessibility norms. This is clearly missing in the policy. State and local procurement laws and policies should incorporate accessibility as well as universal design criteria into the policy of building accessible spaces. Preference in procurement should also be given to persons with disabilities or organizations employing such persons.

Participation of persons with disabilities in employment While the policy recognizes the importance of participation of persons with disabilities in decision making for better planning and monitoring, it does not lay down any definite framework for doing so. In this direction, town planning bodies at the state and municipal levels should ensure participation of persons with disabilities, especially women with disabilities, in the planning process keeping in view their needs.

Overall, while the policy is comprehensive, the commitments laid down in it can be realized only through awareness, sensitivity and capacity building at all levels including government stakeholders, service providers, private individuals involved in implementation at the local level. Understand the needs of persons with disabilities and build a culture of access and inclusion in the country.

Damini Ghosh Vidhi is a Senior Resident Fellow in Karnataka. Thoughts are personal.

this article was first published Vidhi Center for Legal Policy.