Note: This paper was presented at the Nationalworkshop on "Facilitating Public transportation for Persons with Disabilities" held during the 22nd to 24th of March, 2008 at Dravidian University Kuppam.
1. Introduction
1. The issues of the Persons with Disabilities took a long run to attain the recognition of Rights. Starting from the view of superstition and ignorance transcending into charity and then into rehabilitation has now obtain the status of the status of a Right based struggle. Thanks to the contribution of the international community which worked through the UN mechanism.
1.2. First Stage : Persons with Disability were regarded as having limited possibilities of contributing to socio - economic development. Even the so called welfare measures, of those days contributed only towards their further isolation and segregation.
1.3. Second Stage : Measures began to orient towards education for children with disabilities, institutionalised elementary care and rehabilitation of persons attaining disability in the adult hood.
1.4. Looking the Second World War as an event in the world History, its contribution for a greater paradigm shift cannot be ignored. The reason being it is that it left behind lots and lots of people through out the world as disabled. This compelled the governments to look up their issues with more focus. Thus new concepts of integration and normalisation emerged.
1.5. Third Stage : Late sixties generated understanding on actual accessibility issues and the Fourth Stage : Declaration of the United Nations Decade of Disabled Persons(1983 - 1992) and the programmes of the United Nations through ECOSOC.
2. Transportation a life line.
2.1. Transportation is the key aspect of the economy and as such it occupies a vital position in the life of every individual. This might have been the one among several reasons for the makers of our Constitution to declare that Freedom to move is a Fundamental Right. One has to move out at least for a short distance for his education, medical needs, employment and so on. Thus the right to transportation has two aspects falling within its ambit.
1. A barrier free environment that ensures every one is able to move freely.
2. An accessible transport system convenient for the use of all
Both of them together is called the universal Accessibility.
2.2. Our Constitution in Part Three does not specifically spell out for the Rights of the Persons with Disability but encompasses the entire gamut of non discrimination under one provision, that is Article 14. It says :
The State shall not deny to any person equality before the law or the equal protection of Laws within the Territory of India.
Thus the Persons with Disability enjoy equal freedom of movement as others do.
2.3. Further the Constitution spells out few categories of people as underprivileged and if the persons belonging to those category than they are entitled to protection under those categories also. Like, the women with Disability are entitled to special treatment under the benefits available for women and the disabled persons belonging to the Scheduled Tribes and class are entitled to special treatment under the category reserved for the persons belonging to the schedule caste and Tribes. Thus flows the whole set of benefits reserved under the Constitution to the Persons with Disability.
2.4. Behind the Constitutional frame the International Instruments spell out certain basic rights which should be adopted in the national legislations of every country which has accepted those instruments. Constitution under Article 51 has mandated on the state to endeavour towards fostering respect for International Law and Treaty obligations in the dealings of organised People with one and another. Article 51 being a directive Principle for the State Policy is fundamental in the governance of the Country and thus the International declarations, conventions and treaties become a part of our National Law.
3. Inter National Instruments on the Rights of the Disabled.
3.1. UN Declaration on the Rights of Persons With Disabilities. Adopted in the 2433rd Plenary Meeting on 09.12.1975
3.1.1. This Declaration is the first among the international instruments that came in the field of the Disability Rights. This Declaration calls for the national and international action to ensure that certain basic Rights of the Persons with Disability are protected while making any policy decisions or legislation by the Governments of the member states.
The important of such basic Rights are
Article 3. To respect for their Human Dignity as an inherent Right and that they have same fundamental Right as their fellow citizens of the same age.
Article 5. They are entitled for measures designed to enable them in becoming self reliant.
Article 8. they are entitled to have their special needs taken into consideration at all stages of economic and social planning.
Article 10. they are entitled to protection against all exploitation, all regulations and all treatment of a discriminatory abusive or degrading nature.
3.2. UN Standard Rules on Equalisation of Opportunities for Persons With Disabilities.
3.2.1. These Rules have been formulated with 6 point objectives towards emphasising accessibility in societal organisation and socio economic development. It Proposes models for political policy making and prescribes an effective monitoring mechanism. These rules are divided into 4 chapters and chapter 2 deals on the accessibility issues. These Rules mandates the States to introduce programmes of action to make physical environment accessible and to provide access to information and communication.
3.2.2Article II (a)
1. States should initiate measures to remove the obstacles to participation in the Physical environment. Such measures should be to develop standards and guidelines and to consider enacting legislation to ensure accessibility to various areas in society, such as housing, building, public transport services and other means of transportation, streets and other out door environments.
3. Accessibility requirements should be included in the design and construction of the physical environment from the beginning of the designing process.
4. Organisations of persons with disabilities should be consulted when standards and norms for accessibility are being developed. They should also be involved locally from the initial planning stage when public construction. Projects are being designed, thus ensuring maximum accessibility.
These Rules has also established a clear cut mechanism for monitoring the implementation.
3.3. The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP)
3.3.1. It is the regional development arm of the United Nations for the Asia-Pacific region. Thirty-three countries attending the forty-eighth ESCAP session in April 1992 joined in sponsorship of resolution 48/3 on an Asian and Pacific Decade of Disabled Persons, 1993-2002. In adopting the resolution, the Governments of the region expressed their collective commitment to the full participation and equality of people with disabilities. Earlier the UN General Assembly adopted Resolution 37/52 on the 3rd day of December,1982 wherein the un had declared the world programme of Action and through resolution 37/53 proclaimed the period 1983- 1992 as the United Nations Decade of Disabled persons. Hence forth, the 3rd day of December is celebrated as the world Disability day.
3.3.2. The framework consists of the major policy categories under which efforts will be required for the implementation of ESCAP resolution 48/3. These basic policy categories include: National coordination; Legislation; Information; Public awareness; Accessibility and communication; Education; Training and employment; Prevention of causes of disabilities; Rehabilitation services; Assistive devices; Self-help organizations and Regional cooperation.
3.3.3. Each of the policy categories constituting the framework contains a list of areas of concern of direct relevance to the development of policies in support of the full participation and equality of people with disabilities in Asia and the Pacific.
a. Concerning existing legislation:
Conduct of a survey to identify legal provisions that are restrictive to people with disabilities;
Amendment or repeal of those restrictive legal provisions and elimination of interpretations that are unfavourable to people with disabilities;
b. Enactment of a basic law on protection of the rights of all persons with disabilities and prohibition of abuse and neglect of these persons and discrimination against them;
c. Enactment of legislation aimed at equal opportunity for people with disabilities, covering, for example:
Affirmative action measures and incentives in favour of opportunities for people with disabilities to participate in education, training, job placement, employment and entrepreneurship;
Tax relief and subsidies, as appropriate, for parents and guardians of children with disabilities, as well as for people with disabilities;
Customs clearance and exemption from customs duty of imported vehicles, assistive devices, equipment and materials, including medical supplies, required to
facilitate the daily life of people with disabilities;
d. Enactment of legislation aimed at the elimination of architectural and logistical barriers to freedom of movement of citizens with disabilities, including incentives to encourage:
Private and public sector involvement in improving accessibility of the built environment;
Facilitation of use, by persons with disabilities, of land, air and water transport systems;
e. Enactment of legislation aimed at the elimination of communication barriers to reduce the social and physical isolation commonly faced by people with disabilities, covering, for example:
Production and dissemination of information, especially public information, in appropriate formats (e.g., large print, Braille, indigenous sign language, audio/video cassette and floppy diskette);
h. Development of means of ensuring the effective implementation and enforcement of legislation,
j. Dissemination of information on legislation, particularly to people with disabilities and their advocates,
• Enacted specifically to promote equal opportunities for people with disabilities;
• Enacted for the benefit of broader population groups (e.g., legislation on an issue [poverty alleviation] or for a specific group [women]) among whom many people with disabilities are included;
k. Encouragement of the use of relevant United Nations guidelines on national disability legislation;
l. Encouragement of exchange of expertise and experiences among ESCAP members and associate members concerning the enactment and implementation of equalization legislation.
The Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 was enacted to wards implementing this Program.
3.4 Convention on the Rights of Persons with Disabilities
3.4.1 India has ratified a UN convention to promote and protect the human rights and fundamental freedoms of those with disabilities as also respect for their inherent dignity. The adoption of the convention followed four years of intense negotiations. The convention marks a major step toward changing the perception of disability and ensures that societies recognise that all people must be provided with the opportunities to lead a life to their fullest potential. Article 9 which speaks on Accessibility states as follows:
Article 9(1) : To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to 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. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:
(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;
4. National Laws :
4.1. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
4.1.1. This is the first legislation in the field of Disability Laws. This Law has come into force on February 7, 1996. This law is an important landmark and is a significant step in the direction of ensuring equal opportunities for people with disabilities and their full participation in the nation building. The Act provides for both preventive and promotional aspects of rehabilitation like education, employment and vocational training, job reservation, research and manpower development, creation of barrier-free environment, rehabilitation of persons with disability, unemployment allowance for the disabled, special insurance scheme for the disabled employees and establishment of homes for persons with severe disability etc.
4.1.2. Chapter VIII of this Act deals with the Non Discrimination provisions. The sections relating to Right for transportation are reproduced hereunder.
NON-DISCRIMINATION
Sec. 44. Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to
(a) Adapt rail compartments, buses. Vessels and aircrafts in such a way as to permit easy access to such persons;
(b) Adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.
Sec. 45. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development. Provide for-
(a) Installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap;
(b) Causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users;
(c) Engraving on the surface of the zebra crossing for the blind or for persons with low vision;
(d) Engraving on the edges of railway platforms for the blind or for persons with low vision;
(e) Devising appropriate symbols of disability;
(f) Warning signals at appropriate places.
Sec. 46. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for
(a) Ramps in public buildings;
(b) Braille symbols and auditory signals in elevators or lifts;
(c) Braille symbols and auditory signals in elevators or lifts;
(d) Ramps in hospitals, primary health centers and other medical care and rehabilitation institutions.
Bibliography:
Text Book Reference: Gautam Banargee, Disability and the Law,
Web Reference
1. www.aristotlerocks.blogspot.com 2. http://socialjustice.nic.in/disabled/act.htm#NDiscrim 3. http://www.ccdisabilities.nic.in/chapter8.htm 4. http://www.un.org/esa/socdev/enable/rights/convtexte.htm
No comments:
Post a Comment