Tag: Rights of Persons with Disabilities Act

  • Disabled-accessible cities remain a mirage in India

    By PTI

    NEW DELHI: Accessibility remains a major challenge for the physically challenged in India, and on International Day for People with Disabilities on Saturday, they called for urgent redressal as many buildings, even in tier 1 and 2 cities, remain unapproachable for them.

    The Rights of Persons with Disabilities Act, of 2016 provided a timeline of five years for making all existing public buildings accessible by June 14, but out of the total 2,839 buildings, 585 state buildings and 1,030 central government buildings have been made barrier-free for the disabled.

    More than two per cent of India’s population are persons with disabilities.

    Experts feel that including compliance related to disabled-friendly constructions while clearing building plans would be a significant step in addressing the accessibility issue.

    “Recently, I had to visit a government building to get some documents and it was an absolute nightmare,” wheelchair-bound Anwar Ali, a resident of Jhunjhunu in Rajasthan, said.

    “‘The office was on the third floor and the lift was not functioning most of the time. I had to visit the building regularly over two months and it was torture,” he said.

    The government last year launched the Sugamya Bharat app which aims to enable people with disabilities and the elderly to register accessibility-related problems in buildings, in modes of transport, or any infrastructure by uploading pictures on it.

    But according to anI filed by PTI, around half of the complaints were pending resolution till August with states and UTs.

    There were a total of 1,009 complaints received through the app till August this year and 509 complaints were pending resolution at the state/UTs concerned authorities, the Department of Disabilities said in itsI response.

    Asked for the reason behind the pending complaints, the Department of Disability Affairs in its reply said the complaints received through the Sugamya Bharat App are directly forwarded to authorities concerned of the state/UTs with a request to take appropriate action to make the premises accessible.

    “There is no specific reason for non-redressal of the grievances available,” the department said.

    However, sources at the department said there are practical problems related to logistics associated with the resolution of some complaints which is the main reason for the backlog with the states and UTs.

    Among states and UTs, Gujarat has received the highest number of complaints on the app at 406 out of which 311 are pending resolution.

    Delhi has received the second-highest number of complaints on the app at 128 and out of that 60 are pending resolution. The situation worsens in private sectors and rural areas, activists and people with disabilities say.

    Rakbir (name changed) from Aligarh in Uttar Pradesh works as a peon in a private building and the 52-year-old who is physically challenged has to climb two floors every day.

    “I have requested repeatedly that something be done. There is not even a ramp there, but I feel anxious that I will lose my job if I continue pushing for it,” he said.

    Disability rights activist Arman Ali, who is the executive director of the National Centre for Promotion of Employment for Disabled People in New Delhi, said accessible infrastructure is a distant dream for India.

    “Accessibility has remained at the ramp and tactile pathways and follows no standards. There is no city, town or village in the country which is accessible for people with disabilities, where one can access any place that you want to go at your will, either government building or private property (public place),” he told PTI.

    Ali said that despite having such strong legislation which mandates all public places to be disabled-friendly within five years of its existence, the accessibility provision for disabled people completely missed the agenda of the governments and private sector.

    “Accessibility for persons with disabilities is not among the compliance needed for municipal bodies when they give building permission.

    “Whatever has happened in the name of the barrier-free environment is a very urban metro city-centric accessibility limited to malls and five-star hotels. Rural India largely remains inaccessible,” he said.

    The timeline of five years under the 2016 law expired on June 14 this year after which the central advisory board on disability asked all states and UTs to assess the public buildings that are to be made accessible and do it in the “shortest possible time”.

    NEW DELHI: Accessibility remains a major challenge for the physically challenged in India, and on International Day for People with Disabilities on Saturday, they called for urgent redressal as many buildings, even in tier 1 and 2 cities, remain unapproachable for them.

    The Rights of Persons with Disabilities Act, of 2016 provided a timeline of five years for making all existing public buildings accessible by June 14, but out of the total 2,839 buildings, 585 state buildings and 1,030 central government buildings have been made barrier-free for the disabled.

    More than two per cent of India’s population are persons with disabilities.

    Experts feel that including compliance related to disabled-friendly constructions while clearing building plans would be a significant step in addressing the accessibility issue.

    “Recently, I had to visit a government building to get some documents and it was an absolute nightmare,” wheelchair-bound Anwar Ali, a resident of Jhunjhunu in Rajasthan, said.

    “‘The office was on the third floor and the lift was not functioning most of the time. I had to visit the building regularly over two months and it was torture,” he said.

    The government last year launched the Sugamya Bharat app which aims to enable people with disabilities and the elderly to register accessibility-related problems in buildings, in modes of transport, or any infrastructure by uploading pictures on it.

    But according to anI filed by PTI, around half of the complaints were pending resolution till August with states and UTs.

    There were a total of 1,009 complaints received through the app till August this year and 509 complaints were pending resolution at the state/UTs concerned authorities, the Department of Disabilities said in itsI response.

    Asked for the reason behind the pending complaints, the Department of Disability Affairs in its reply said the complaints received through the Sugamya Bharat App are directly forwarded to authorities concerned of the state/UTs with a request to take appropriate action to make the premises accessible.

    “There is no specific reason for non-redressal of the grievances available,” the department said.

    However, sources at the department said there are practical problems related to logistics associated with the resolution of some complaints which is the main reason for the backlog with the states and UTs.

    Among states and UTs, Gujarat has received the highest number of complaints on the app at 406 out of which 311 are pending resolution.

    Delhi has received the second-highest number of complaints on the app at 128 and out of that 60 are pending resolution. The situation worsens in private sectors and rural areas, activists and people with disabilities say.

    Rakbir (name changed) from Aligarh in Uttar Pradesh works as a peon in a private building and the 52-year-old who is physically challenged has to climb two floors every day.

    “I have requested repeatedly that something be done. There is not even a ramp there, but I feel anxious that I will lose my job if I continue pushing for it,” he said.

    Disability rights activist Arman Ali, who is the executive director of the National Centre for Promotion of Employment for Disabled People in New Delhi, said accessible infrastructure is a distant dream for India.

    “Accessibility has remained at the ramp and tactile pathways and follows no standards. There is no city, town or village in the country which is accessible for people with disabilities, where one can access any place that you want to go at your will, either government building or private property (public place),” he told PTI.

    Ali said that despite having such strong legislation which mandates all public places to be disabled-friendly within five years of its existence, the accessibility provision for disabled people completely missed the agenda of the governments and private sector.

    “Accessibility for persons with disabilities is not among the compliance needed for municipal bodies when they give building permission.

    “Whatever has happened in the name of the barrier-free environment is a very urban metro city-centric accessibility limited to malls and five-star hotels. Rural India largely remains inaccessible,” he said.

    The timeline of five years under the 2016 law expired on June 14 this year after which the central advisory board on disability asked all states and UTs to assess the public buildings that are to be made accessible and do it in the “shortest possible time”.

  • Government exempts certain establishments from giving job quota to disabled; rights groups object

    By PTI

    NEW DELHI: The government has exempted certain establishments from the purview of the Rights of Persons with Disabilities Act, 2016 section which provides for reservation in employment for persons with benchmark disabilities, according to gazette notifications.

    In the first of these notifications issued on Wednesday, the government exempted all categories of posts under the Indian Police Service; all categories of posts under the Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Police Service; and all categories of posts under the Indian Railway Protection Force Service.

    In the second notification, the exemption from the section has to be given to all sectors and categories of posts of combatant personnel.

    “In exercise of the powers conferred by the proviso to sub-section (1) of section 20 and the second proviso to sub-section (1) of section 34 of the Rights of Persons with Disabilities Act, 2016, the Central Government, in consultation with the Chief Commissioner for Persons with Disabilities, having regard to the nature and type of work, hereby exempts all categories of posts of combatant personnel of Central Armed Police Forces, namely, Border Security Force, Central Reserve Police Force, Central Industrial Security Force, Indo-Tibetan Border Police, Sashastra Seema Bal and Assam Rifles from the provisions of the said sections,” the second notification said.

    According to section 34 of the Rights of Persons with Disabilities (RPwD) Act, 2016, every appropriate government shall appoint in every government establishment, not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities.

    Section 20 of the Act provides for non-discrimination in employment, reasonable accommodation and appropriate barrier free and conducive environment to employees with disability.

    Meanwhile, activists have opposed the government’s decision.

    Arman Ali, executive director, National Centre for Promotion of Employment for Disabled People (NCPEDP) said exempting section 34 of the Act does “grave injustice” to persons with disabilities.

    “The jobs under the police department are not only limited to field jobs, but also contain sub-departments like forensics, cyber, IT cell, among others, which can accommodate persons with disabilities in the jobs identified for them.

    “The reservation which is provided under Section 34 is only against jobs which are identified under Section 33 and therefore, the issued notification is irrational as persons with disabilities are already deemed fit to be appointed on those identified posts,” he said.

    Ali further added that even persons with disabilities like acid attack victims and leprosy cured are capable of carrying out law and order duties and responsibilities under the police.

    “As such, the blanket exemption on all categories of police force and IPS is unjust and arbitrary in nature,” he rued.

    The activist also said exemption from section 20 will have negative implications on persons with disabilities already employed under the said combatant services.

    For instance, if a personnel employed in either of the said combatant services acquires a disability during their service period, he will not be able to exercise the rights to reasonable accommodation, non-discrimination, promotion if the combatant services are exempted from the provisions under section 20 of the RPwD Act, 2016, he said.

    The National Platform for the Rights of the Disabled (NPRD) said the government has “misutilised” the proviso under section 34 which grants such exemption.

    The intent of this proviso is not to grant a blanket exemption from employing disabled persons, but to see that combatant roles or such duties are not assigned to them and in any case, recruitment is only against identified posts, it said.

    NPRD general secretary Muralidharan said the development is militating against the spirit and intent of the proviso.

    “This is even more shocking given the fact that the Delhi Police had in October 2019 advertised for head constable (ministerial) giving reservations for persons with disabilities,” he said.

    “Surprisingly, in another notification issued the same day (August 18), pertaining to Central Armed Police Forces, exemption is confined only to “all categories of posts of combatant personnel’,” he said.

    Calling the first notification “unacceptable”, the NPRD called for its withdrawal.

    “Exemptions should be granted only in cases of “combatant roles’ in keeping with the intent and spirit of the proviso under Section 34 of the RPD Act. It is regrettable that a department that is supposed to safeguard the rights of the disabled and empower them, is doing just the opposite,” Muralidharan added.

  • Are petrol pumps being allocated to disabled under Disabilities Act, 2016: HC asks Centre

    The plea by a woman, who suffers from 75 per cent visual impairment, has contended that HPCL was still following the older repealed Persons with Disabilities Act of 1995 for allotment of dealerships.