Unequal Justice? Nagaland’s top legal institutions found lacking basic accessibility

•    NLA and HC complexes fail accessibility tests
•    State Commissioner for PwDs sets 3-month deadline to rectify

Kohima, May 7 (MExN):  The complexes of two key institutions in Nagaland dealing with enactment and dispensation of justice, among others, were found wanting in enabling a barrier-free environment to person with disabilities (PwDs).

This conclusion is based two orders issued by the Court of State Commissioner for Persons with Disabilities (SCPD) on May 3 following ‘Accessibility Audit inspections’ conducted at the Nagaland Legislative Assembly (NLA) complex, Kohima on February 14 and the High Court (HC) Complex in Meriema, Kohima, on March 19.

Accordingly, the SCPD Diethono Nakhro has set a 3-month deadline to concerned authorities of both complexes to comply with its various  recommendations and submit an Action Taken Report on or before August 3. 

As per the SPCD office, the Harmonised Guidelines and Standards for Universal Accessibility in India, 2021 (Guidelines 2021), has been issued by the Central Government under the Rights of Persons with Disabilities Act (RPwD), 2016, and it is to be mandatorily implemented in all public buildings, both Government as well as private establishments. 

“Hence, necessary renovations and retrofitting should be carried out to make the Complexes barrier free and accessible for all citizens as mandated under the RPwD Act,” it directed.

Key findings and recommendations 
NLA complex: In the suo motu inquiry conducted at the NLA complex, the SPCD observed that there were no reserved parking spaces for PwDs while a “drop off point” was missing at the entrance. 

It further noted that though ramps were available in all the entrances to the complex,  the ramp at the main public entrance was too narrow and steep and without an overhead roof, making it inconvenient for PwDs during monsoon season. 

There was no ramp connectivity to the visitors’/media gallery inside the Assembly Hall. 

Shockingly, not a single accessible toilet was found in the entire NLA complex.

The sole elevator at the complex was also found not as per specifications prescribed under the Guidelines 2021 and lacked connectivity to the gallery inside the Hall. 

Besides, there were no signages or tactile paths for way-finding as well as emergency exits in and around the complex.
Inside the Assembly Hall where State lawmakers converge periodically, the aisles leading to the Members’ immobile seats were inaccessible while the Speaker’s Box and the gallery were completely inaccessible. 

On a good positive note, the sizes of doorways were observed to be providing sufficient spaces for PwDs using assistive aids and devices while the NLA library was found to be accessible.

Accordingly, based on the Guidelines 2021,  the SPCD recommended  reserved parking spaces as well as designated Drop off  point for PwDs near the main entrance. 

It also called for overhead roof in the main public entrance roof for ease of access for PwDs

At least one accessible toilet must be provided in all the floors and blocks of the complex, the SPCD’s May 3 order stated. These toilets and utilities must be constructed as per the specifications provided by the Guidelines 2021 which include various heights for installation of washbasins, grab-bars, knee space, faucets, mirror, toilet accessories, type of doors handles, doors size, ramp gradient, emergency bell etc, it said. 

As and when a second lift is installed, the size must be as per specifications provided under the Guidelines 2021, it said, including maintenance crew.

It also recommended for accessible signages and way-finding maps at strategic points, including raised or tactile letters, high contrast colours, and Braille or tactile symbols. 

Tactile guiding paths and colour contrast on staircases should be provided throughout the building and signage should also be provided for evacuation plans and exit routes in case of emergencies, it added. 

Regarding the Assembly Hall, the SPCD said that some seats, including Members’, may be made ‘disabled friendly’ by installing mobile seats.

A pathway must be created to make the Speaker’s Box accessible and provisions must be made to make the gallery accessible, it said. 

Provisions must also be made to make the aisles leading to the respective seats for members in the House accessible, it added, including consideration for chair lift.

For the library, it suggested an additional accessible reception counter. 

Meanwhile, the SPCD called for regular trainings or workshops to sensitise officers and staff towards the needs and requirements of PwDs as well as workshop for the legislators on disability rights.

Besides, it strongly recommended constitution of a committee to provide ongoing guidance and advice on identification, removal and prevention of barriers to accessibility in the NLA Complex. 

Accessibility audit should also be carried out annually to ensure that standards as prescribed under Guidelines 2021 are being complied with in all areas of the Complex, quarters, new constructions, etc, it added.

HC complex: While the scenario relatively better at the HC complex, many issues were flagged. 

As per the May 3 order, while ramps were available in all the entrances to the complex, the two ramps at the main entrance were found too narrow and steep making it unsafe for the intended PwDs.

The doors and doorways in most of the rooms were observed to be with sufficient space for PwDs but the entrance to all the court rooms had door thresholds creating barriers at entry point. 

Some doors leading to the toilets were narrow and not accessible, especially for wheelchair users, it added. 

The SPCD further noted that provisions for accessible toilets were made available only on the ground floor but the gradient of the ramp leading to the toilets were too steep or too narrow in some cases “making the accessible toilets inaccessible.”

The lift was also too small and narrow and not be as per prescribed specifications.

Inside the Court rooms, the SPCD observed that witness stands and the podium areas were completely inaccessible.

A total of seven quarters for Judges and one building for the Bar Association under construction were also found lacking accessibility standards as specified under the Guidelines 2021. 

In its recommendations, the SPCD stated that the Court, being a place where justice is served, must set an example and be a beacon for an accessible and barrier free environment. 

Hence, necessary renovations and retrofitting should be carried out to make the entire Complex barrier free and accessible for all citizens as mandated under the RPWD Act, it added,  

Apart from similar recommendations made for NLA complexe such as ramp, signage, pathways, toilets etc as well as sensitisation initiatives, the SPCD called for making the witness stands and the podium barrier-free and stated that at least one Judges’ quarter and the Bar Association building must be made accessible.

The recommendations to NLA complex was addressed to Secretary, NLA while for the HC complex, the respondents were the Secretary, Justice & Law Department, and the Engineer-in-Chief, NPWD.