‘Our public buildings, spaces are still inaccessible’

Sensitization workshop on Universal Accessibility, RPwD Act 2016 in Kohima

Our Correspondent
Kohima | August 19

A sensitization workshop on Universal Accessibility and Rights of Persons with Disabilities (RPwD) Act 2016 for engineers and officials of the Public Work Department (PWD) (Housing) was held on August 18 at Nagaland Public Work Department (NPWD) Conference Hall, Kohima. 

Resource person Diethono Nakhro, Nagaland State Commissioner for Persons with Disabilities (PwDs) said that accessibility is when the needs of people with disabilities are specifically considered, and products, services, and facilities are built or modified so that they can be used by people of all abilities.

“It is a sad reflection of our society that all our new public buildings and spaces are having to go through retrofitting processes to make them accessible when they should have been necessarily designed and planned inclusively for all citizens right from the start,” she said.

In fact, she said, none of these new buildings should have been given NOC or certification of completion for occupation until and unless they were in compliance with all the accessibility requirements.

“It is completely unacceptable that virtually all our government and public buildings and spaces are still inaccessible, and we continue to disgracefully build inaccessible buildings and structures in violation of all existing disability laws,” she said.

She pointed out that the RPwD Act 2016 highlights the relevant sections pertaining to accessibility of the built environment. Nakhro referred to Section 40 which states that “The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.”
 
Standards of accessibility
Nakhro informed that Harmonised Guidelines & Standards for Universal Accessibility in India 2021 have already been published by the Ministry of Housing & Urban Affairs. Section 44 stated that no establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under Section 40.

This means that all building plans should necessarily comply with all accessibility features mentioned in the Harmonised Guidelines before they get permission to start building – ramps, lifts, accessible toilets, accessible doorways and corridors, barrier-free floor plans, tactile tiles and signages and so on.

No construction should be allowed to start unless the building plans, blue prints include all basic accessibility features, she stated.

Section 44 also states that no establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government.

‘Completed’ buildings cannot be handed over for occupation until and unless all accessibility provisions are all completed and functioning, Nakhro informed, said adding that the concerned department must prepare an accessibility checklist, which must all be fully completed before a certificate of completion/handing over document can be given to the concerned department for occupation.

“I have seen in many of the new buildings that various accessibility components are left incomplete and we are told that it will be completed or installed at a later date – example, lifts, accessible toilets, etc,” Nakhro observed.  

She called for an end to such practice and insisted that buildings must be fully completed with all accessibility provisions before occupation. 

‘Accessibility is not optional’
While laws can be executed to a certain degree, Nakhro said that it is the empathy for people living with disabilities that will actually bring about the change. Stating that accessibility is not optional, Nakhro said, “It is not an accessory. It is not there for decoration. It is an absolute requirement.”

She said that lack of accessibility means people who live with disabilities basically have no life. “That is not right. That is depriving them of their human right as an equal citizen,” she said adding that accessibility is a fundamental human right and non-negotiable.

Meanwhile, Nakhro thanked the NPWD for their pro-active role and collaborating this sensitization workshop to ensure that various provisions of RPwD Act 2016 are properly implemented.

She also expressed happiness over the progress being made in the NPWD complex, saying “a lot of things are taking place. It is a very good example of what accessibility is all about.”

Khriesinuo Kire and Asenla Walling, both legal consultants of State Commissioner for Persons with Disabilities (Nagaland) talked on “Harmonized Guidelines and Standards for Universal Accessibility in India 2021.”

Er Hozheto Shikhu, Chief Engineer, PWD (Housing) said that the workshop for the engineers and officials of the department was held for the first time in the history of the NPWD and stressed on the need to abide by the rules of the RPwD Act.

Er Pukroneizo Kera, Engineer-in-Chief, NPWD stated that the department is trying to restructure the system to ensure that disabled-friendly environment is put in place. Vote of thanks was proposed by Temsu Soyah, Senior Legal Advisor, NPWD.