Constitution of India and Voting Rights of Persons with Disabilities

Constitution of India 

and Voting Rights Of 

Persons with Disabilities 

Article 15 

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—

(a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

Article 325 

There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

Article 326 

The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime orcorrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

Critique of Article 15(1) & (2) of the Indian Constitution with reference to UNCRPD

Article 15(1) and (2) of the Indian Constitution promote equality by prohibiting discrimination based on religion, race, caste, sex, and place of birth. However, these clauses can be critiqued in light of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) for the following reasons:

Limited Scope:

Grounds for Discrimination: 

UNCRPD recognizes disability as a ground for discrimination in addition to those listed in Article 15. People with disabilities in India may face discrimination not covered by this Article.

Private Actors: 

Article 15 primarily restricts discrimination by the State (government). UNCRPD calls for measures to prevent discrimination by private entities as well.

Lack of Positive Action:

UNCRPD emphasizes the need for "reasonable accommodation" to ensure equal participation of persons with disabilities. While Article 15 prohibits discrimination, it doesn't explicitly require positive steps to promote equal opportunities.

Focus on Equality vs. Equity:

Article 15 promotes equal treatment for all. However, some disabilities may require specific support or modifications for true inclusion. UNCRPD emphasizes achieving equity, ensuring everyone has the resources they need to participate fully.

Critique of Article 325 of Indian constitution with reference to UNCRPD 

Article 325 of the Indian Constitution deals with the provision for setting up election tribunals for trying election petitions. It does not specifically address the rights of persons with disabilities.

Lack of Specific Protections: 

Article 325 does not mention persons with disabilities or any provisions to ensure their accessibility to participate in the electoral process as voters or candidates.

Indirect Discrimination:

While not explicitly discriminatory, the absence of accessibility measures might indirectly disadvantage persons with disabilities from exercising their electoral rights.

How can Article 325 be strengthened?

Legislative Amendments: 

The Election Law could be amended to mandate accessible polling stations, voter education materials in accessible formats (Braille, audio), and provisions for assisted voting for persons with disabilities.

In short Article 325 of the Indian Constitution does not address the rights of persons with disabilities in the electoral process. By incorporating provisions aligned with the UNCRPD, India can ensure equal participation for persons with disabilities in its elections.

Critique of Article 326 of the Indian Constitution with Reference to UNCRPD

Article 326 of the Indian Constitution guarantees adult suffrage, ensuring everyone above 18 has the right to vote. This is a strong foundation for political participation. However, when viewed in the context of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), some potential limitations emerge:

Accessibility: 

The article doesn't explicitly mention accessibility measures for persons with disabilities. Polling stations might not be physically accessible, voting procedures might not be adapted for various disabilities (visual impairments, for example), and information about elections might not be available in accessible formats.

Discriminatory disqualifications: 

While the article mentions disqualifications based on unsound mind, the definition might be interpreted in a way that excludes people with disabilities unfairly. The UNCRPD emphasizes reasonable accommodation to ensure equal participation.

How can Article 326 be strengthened to better align with UNCRPD principles?

Legislative Measures: 

The Election Commission could be empowered to make specific regulations mandating accessible polling stations, voting procedures, and information dissemination in accessible formats.

 Reasonable Accommodation: 

Revisit the grounds for disqualification based on "unsound mind" to ensure they comply with the UNCRPD's emphasis on reasonable accommodation for persons with disabilities.

Ensuring alignment between Article 326 and the UNCRPD would further strengthen the legal framework for inclusive participation in elections.

Why Persons with Disabilities Must Vote?

Why Persons with Disabilities Must Vote?

Equal Rights and Representation: 

Voting is a fundamental right in a democracy. Denying it to people with disabilities is discrimination. We deserve a say in who makes decisions that affect our lives, just like everyone else. 

Issues Directly Impacting Us: 

Policies often directly affect the lives of people with disabilities. These can be related to education, employment, transportation, healthcare, and accessibility. Voting allows us to choose leaders who prioritize policies that benefit us. 

Stronger Voice and Influence:

People with disabilities are a significant population group. Voting together allows us to be a powerful voting bloc, making our voices heard on important issues. We bring unique experiences and perspectives to the table.

Representation Matters: 

When people with disabilities vote and hold office, it challenges stereotypes and promotes inclusion. It ensures their needs and concerns are considered during policy making.

Overall, voting is an empowerment tool for people with disabilities. It allows us to participate actively in shaping our communities and advocating for a more inclusive society.

Rajiv Rajan 

Executive Director 

Ektha 

Citizens?!!! Are we?!!! Really?!!!

Are persons with disabilities of India, really the citizens of India?  Why are we being discriminated by denying the fundamental rights?

Not possible to ply only low-floor buses in all cities unless and until the allied infrastructure is fully in place, the TN government has told the Madras HC

Who is responsible for the for the allied infrastructure? Is the government not responsible allied infrastructure?

17 years of court hearings. Why didnt transport dept discuss with allied departments & get services such as roadways remove all obstacles. Should people with disabilities be in house arrest for such reasons? And for how long? Despite legal mandate on all depts to provide accessible services

Section 41 of the RPDA 2016 Access to transport. "(1) The appropriate Government shall take suitable measures to provide (c) accessible roads to address mobility necessary for persons with disabilities."

Article 19(1)(d) under Part III of the Indian Constitution deals with the fundamental right to freedom of movement. It guarantees the citizens of India the right to move freely throughout the territory of India. This right allows a citizen to move freely within and between states. Do citizens with disabilities  have the fundamental right to freedom of movement?

Transport is a service that enables citizens to access freedoms that are enshrined in the Constitution, and needs to be considered as a basic right. The Right to Service Act contains statutory laws and provisions to ensure time-bound delivery of public services to citizens of India. It also defines the statutory mechanism to punish public officers if they fail to deliver the requested service within a stipulated time. Why are public services officers not punished for non compliance of right to accessibility of services such as Railway Road Transport and Aviation services not punished

Access to transport services measures the . ease of reaching. transport facilities and is closely related to the concept of mobility, which covers the ease of moving around using all transport modes.

Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India, and (a) who was born in India, or (b) either of whose parents was born in India, or (c) who has been ordinarily resident in India for not less than five years, became a citizen of India. Are persons with disabilities who satisfy these criteria not citizens of India?

Section 41 of the rights of persons with disabilities act 2016 Access to transport.—(1) The appropriate Government shall take suitable measures to provide,—
(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines;
(b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design;
(c) accessible roads to address mobility necessary for persons with disabilities
.
Significantly, the Act remedied a flaw in its predecessor, Persons with Disabilities Act of 1995, with regard to setting a deadline for states in making existing infrastructure accessible. The deadline—five years after the Central government brought out the relevant rules—passed on 15 June  2022.

Who is responsible for not making the entire Transportation systems, Road Transport including roads, Railways and Airways accessible for persons with disabilities?  Are these people beyond the reach laws of the land? Or are they being protected by someone?  Who is that someone?

Why Air Travel a billion dollar question for persons with disabilities

My first experience traveling by air was around 20 years back. I flew without any companion on my first trip. what is so great about it? You may ask. Would I fly alone after 20 years of flying frequently? My answer is, it is a billion dollar question. I am a firm in believer in "never say never" though.

Why is it a billion dollar question?q

Some where in the middle of 2007 I was invited from Chennai to attend meeting in Delhi by National Trust a statutory body under the Ministry of Social Justice and Empowerment, Government of India little did I know of the airlines' bias against persons with disabilities. I was booked to fly on an Air Sahara flight. I was not allowed to board the aircraft by the airline staff as it deemed that I was not fit to fly and that he needed an escort or a "fitness to fly" certificate. I tried explaining saying that I was a frequent flyer, but the staff wouldn't relent. They even called in the police to send me out of the airport. A couple of policemen recognised me as a frequent flyer and tried to intervene on my behalf but the airline staff refused to listen. The flight took off without me.

This incident led to the formation of Civil Aviation Rules for the Carriage of Persons with Disabilities and Reduced Mobility in 2010 and was amended in 2014.

2011, at IGI airport Delhi, a group of us were returning from a meeting. Here again, i was coming from a Government of India meeting. The security at the airport said that they cannot let the personal wheelchairs of the group near the aircraft. We had a long argument which lead to the group almost missing the flight had it taken off on time.

In February 2017 I was traveling from Bhopal to Chennai. The person at the Jet Airways counter informed my wheelchair assistant from the airlines to make me sit on a nearby chair and get the wheelchair screened.  i reached the security check. There again as usual the security personnel asked me if i could stand up. I said, i cannot. Then he murmured something and frisked me. But again asked the wheel chair to be screened. In Bhopal the flight was put on an aerobridge, but i was carried up the backdoor as a backdoor entrant and as a sack of baggage by 4 people on a small aisle chair without even a seat belt. After landing in Mumbai, i was brought down the same way and was almost dropped by the airline staff. My wheelchair was not be given to me at the door step without shouting and fighting. Subsequently i shifted to my wheelchair, my 5th transfer since i reached the airport in Bhopal. Once i reached the boarding gate of my connecting flight the leading staff noticed that i had permission to take my wheelchair only till Mumbai and not up to Chennai. Remember all this is happening in the middle of the night!! Then my friend has to rush to the counter and get the stamping done.

In March 2022 The US Bangla airline first charged me for my wheelchair and made Balu to sign an indemnity form. I was on my way to Dhaka from Chennai. When I was returning from Dhaka to Chennai and was again traveling by US Bangla Airline. Another incident happened. The airlines didn't charge. They didn't provide any support service still I made noise for support otherwise we would have missed the flight. When we asked for support the person at the boarding gate asked us did you pay for the service we said no one asked us to pay. I reached the flight I realized they are going to lift me up stairs In my wheelchair. I reached inside the flight. My wheelchair couldn't go inside the flight. They were planning to carry me to the seat I refused to be carried. One of the crue members told my friend that if this is the case we will not be able to fly him. I crawled to the seat. Same crue member to the seat and again said to balu that the captain is saying we can't carry unruly passengers. In between another crue member came and asked balu if I have fit to fly certificate. My friend said he is frequent flier and he doesn't need one.
Some of the experiences of other air travelers with disabilities

"Jeeja Ghosh a person with cerebral palsy a teacher at Kolkata's Indian Institute of Cerebral Palsy, was to fly to Goa on 19 February to attend a conference and deliver a lecture on bringing the differently-abled into the mainstream but was offloaded as pilot refused to fly with her on board."
FirstPost 21st February 2012

"In another case of violation of rules regarding ‘air transportation of the disabled’ and sheer insensitivity, a woman with an autistic child was recently told by Air India staff that they “do not accept passengers with any mentaldisability/challenge/autism.”

 Though she took up the matter with the board of directors, Air India, and they wrote back to her saying that the incident will be investigated, there was no word of assurance that her son will be allowed to fly with the airline in future"
Deccan Herald 10th July 2014

"Professor Anita Ghai of Ambedkar University, Delhi was returning to the capital from the Indian Institute of Advanced Study in Shimla. While everything went almost according to protocol at Dehradun airport (even there, there was no aisle chair inside the aircraft), the airline, Air India, denied her a wheelchair when they landed in Delhi. After spending almost an hour waiting after the aircraft had landed (first in her seat and then outside the door of the aircraft), she was left little choice but to crawl to the coach. A wheelchair was only brought once she reached the arrivals hall. She requested the airline to at least take her personal wheelchair out of the hold if they did not have one available, but they said this was not possible."
Wire 2nd February 2016

"Sanjay Jain, associate professor at ILS Law College, travelled solo to Johannesburg to attend a disabilities conference. He was booked to fly Air Tanzania and return on Etihad via Abu Dhabi. He called up the airlines for assistance a week before his flight.“Air Tanzania promptly responded to my request for assistance with boarding.” With Etihad, it was first a no, then a yes on day two, provided he produced a medical certificate. “Then they agreed to assist, but refused to send a mail or a screenshot or some kind of documentation that I could rely on as proof, if they eventually denied help at the airport. It was quite stressful,” he said."
Times of India

The above rules say
"Once persons with disability or reduced mobility report at the airport with valid booking and intention to travel, the airline shall provide assistance to meet their particular needs and ensure their seamless travel from the departure terminal of the departing airport upto the aircraft and at the end of the journey from the aircraft to the arrival terminal exit, without any additional expenses.

No airline should refuse to carry persons traveling in a stretcher or incubator or persons with severe mobility impairments and persons with autism, Cerebral Palsy, mental retardation and multiple disabilities, if they are accompanied by an escort who will be responsible for them and their needs of embarking, disembarking, during flight, and during emergency evacuation. However, the airlines shall provide necessary assistance to persons with hearing or vision impairments in case they wish to travel alone without an escort.

Persons with disabilities not holding any certificate may also be provided necessary assistance as well as the aids such as wheel chairs, ambulifts etc. In such cases during ticketing the individuals' degree of disability and his need for assistance may be confirmed.

All airlines should provide assistance to meet the particular needs of the persons with disabilities and persons with reduced mobility, from the departing airport terminal to the destination airport terminal without any additional charge.

No Medical clearance or special forms shall be required from persons with disabilities or persons with reduced mobility who only require special assistance at the airport for assistance in embarking/ disembarking and a reasonable accommodation in flight, but are otherwise independent."

What do International Civil Aviation Organizations rules say

"Person with disabilities. Any person whose mobility is reduced due to a physical incapacity (sensory or locomotor), an intellectual deficiency, age, illness or any other cause of disability when using transport and whose situation needs special attention and the adaptation to the person’s needs of the services made available to all passengers.

Aircraft operator. A person, organization or enterprise engaged in or offering to engage in an aircraft operation. For the purposes of this manual, the term also includes operators operating under code sharing and wet-leasing arrangements.

1.1 All procedures forming part of an air travel journey, including reservations, check-in, immigration and
customs, security clearances, transfers within airports, embarkation and disembarkation, departure, carriage and arrival should be adapted to the needs of persons with disabilities in order to facilitate the clearance and air transportation of such persons in a dignified manner.

1.2 In some instances, the aircraft operator with whom the passenger enters into a contract of carriage may be a separate entity from the actual aircraft operator. Aircraft operators should ensure, as far as possible, that the services that they provide to persons with disabilities are also provided by the operator that operates their flights

1.4 The service provided at the request of persons with disabilities should be professional and “seamless”, that is, with no points at which such persons may be left stranded or without assistance.

1.5 Seamless is a concept that includes a comfortable, safe and uninterrupted journey, with the provision of assistance that is adapted to the needs of each individual person with disabilities.

1.6 Aircraft operators should not refuse to transport persons with disabilities on the basis of their disabilities
except for safety requirements.

1.7 Assistance to meet disability-related needs should be provided without charge to persons with disabilities.

2.1 Training for all staff in the chain of the air travel service delivery is vital for providing quality service to persons with disabilities in a consistent and respectful manner. It is essential that staff know their responsibilities and are able to perform them. Training should address the attitudinal, environmental/physical and organizational barriers that affect persons with disabilities in air transportation. Training should prepare staff to provide assistance to persons with disabilities in a manner that respects their dignity, and as a professional service to which the person is entitled, rather than as a favour or compassionate gesture.

Manual on Access to Air Transport by Persons with Disabilities
By
International Civil Aviation Organization

The 75th IATA Annual General Meeting:

1. AFFIRMS the commitment of all member airlines to provide safe, reliable and dignified travel for people with disabilities and calls upon all other air transport sector stakeholders to do the same;"

IATA CORE PRINCIPLES ON PASSENGERS WITH DISABILITIES

"Persons with disabilities are important to the air transport sector. This is why IATA has developed these practical principles to help airlines work collaboratively with regulators and to provide a safe and satisfying travel experience to their valued customers.

Policy Principles
CP1. Accessibility: The air transport sector should continue to promote inclusiveness and universal
accessibility for all passengers, including for persons with disabilities.

CP2. Common Definition: National legislation (and supranational regional instruments) should apply a common, inter-operable definition for passengers with disabilities. National law definitions should be consistent with the relevant standards of the International Civil Aviation Organization (ICAO), including those under Annex 9 to the Chicago Convention.

CP3, national legislation on passengers with disabilities should be harmonized to the greatest extent practicable. The principle of harmonization should apply equally to the policies, procedures and practices implemented pursuant to national legislation.

CP4. Clarity: National legislation should be clear and unambiguous in its terms. Such legislation should not infringe treaty obligations or other obligations of international law.
CP5. Consultation: Regulators should consult with the airline industry and other air transport sector
stakeholders well before legislation, policies, procedures or practices are adopted. Such
consultation processes should be transparent and meaningful.

CP6. Impact assessment: Regulators should undertake a comprehensive impact assessment that
deals with the costs and benefits of any proposed regulatory action.

CP7. Fair application: National legislation should contain safeguards to prevent exploitation of the
system for personal convenience.

Process Principles

CP8. Assistance: Airlines should assist passengers with disabilities in a manner that takes into account the best interests of the passengers, relevant safety regulations and operational realities.

CP9. Guidance: Airlines should provide clear guidance to passengers with disabilities on their requirements for the carriage of mobility devices and medical equipment.

CP10. Training: Airline and aviation service staff should be supported by their employers in acquiring and maintaining the proper knowledge, skills and abilities to provide passengers with disabilities a seamless and dignified travel experience.

CP11. Reducing burdens: National legislation should be balanced in its application and should not impose disproportionate or impracticable burdens on airlines.

CP12. Communication: Regulators should strongly encourage passengers with disabilities to provide pre-notification of their needs in advance of their travel.

CP13. Coordination: Air transport sector stakeholders and governments should coordinate their approach in order to deliver consistent end-to-end service to passengers with disabilities regardless of location and national borders."
IATA RESOLUTION ON PASSENGERS WITH DISABILITIES

What prevents the Government, Airlines, Airports Authority from implementing the laws and in using the technology for easy movement of all persons with disability and reduced mobility? Will the dark tunnel see some light at the end?!! A BILLION DOLLAR QUESTION WITH NO ANSWER.

Status of Inclusive Public Procurement Policy in India or the lack there off

Status of Inclusive Public Procurement Policy in India or the lack there off

What is disability inclusive public procurement policy? 

Disability inclusive public procurement can be summarised as follows: choosing and rewarding contractors that employ persons with disabilities (preferential contracting); clear procurement criteria that rewards accessibility and universal design; and procurement practices for care and support services that are compliant with the provisions of the CRPD.

Disability-inclusive public procurement can generally be categorized into two types: preferential contracting and procurement to promote accessibility. 

Preferential contracting aims to enhance the economic and social empowerment of persons with disabilities by awarding contracts to business entities or civil entities that hire persons with disabilities or are run by them or NGOs for person with disabilities, that meet certain criteria. On the other hand. 

Procurement to promote accessibility incorporates accessibility and/or universal design standards into the bidding criteria when selecting the most appropriate supplier. 

How can disability-inclusive procurement policies achieve accessibility?

"It is unacceptable to use public funds to create or perpetuate the inequality that inevitably results from inaccessible services and facilities." Committee on the Rights of Persons with Disabilities, Convention of the Rights of Persons with Disabilities General Comment No. 2 (2014) 

Public procurement refers to the process by which public authorities (procurers) purchase work, goods or services from an external contractor (supplier) which they have selected for this purpose’. Procured goods and services can include equipment (i.e., computers and furniture), services (i.e., in schools, hospitals, ministries), public transport, built environment, infrastructure public works, urban planning, water supplies and waste treatment. 

Public procurement is a considerable economic activity. For developing countries, public procurement amounts to an average of 15 to 20 per cent of Gross Domestic Product (GDP) and up to 50 per cent or more of government expenditure. 

If publicly procured goods and services are universal design-based or accessible, the purchasing power of governments can serve as an effective leverage to promote universal design-based society with the involvement of both public and private sectors. As the Committee on the Rights of Persons with Disabilities states, it is unacceptable to use public funds to create or perpetuate the inequality that inevitably results from inaccessible services and facilities. This supports a procurement incorporating accessibility perspective. 

Countries like South Africa have maintained effective governance by enforcing laws which requires government entities implementing procurement policies to preference categories of people disadvantaged by unfair discrimination. The Preferential Procurement Policy Framework Act provided a framework for implementing Constitutional section 217. The Act provides a system to evaluate the tender process with a goal to contract persons, or categories of persons historically disadvantaged by unfair discrimination on the basis of race, gender or disability. 

Speaking of effective governance, United Kingdom Public procurement complies with relevant principles of EU treaties. The 2006 Public Contracts Regulations  and 2006 utilities Contract Regulation implement the EU procurement and utilities directives and have a provision for reserving contracts for supported businesses, factories or employment programs. Public authorities may reserve the right to participate in public contract award procedures. Supported employment programs, factory or businesses are establishments or services “where more than 50% of the workers are disabled persons who because of the nature or severity of their disability are unable to take up work in the open labour market.” Supported employment programs are the same as ‘sheltered employment programs’ under the EU Directives.

Contracting authorities are required to indicate in the Official Journal of the European Union Contract Notice when a contract is “reserved for sheltered workshops under Article 19 of the Directive”: Before taking the decision to reserve a contract, contracting authorities should consult with the market to establish whether or not supported factories and businesses will be able to meet their requirements and provide value for money.

How and why disability-inclusive procurement policy works to promote accessibility?

The public procurement process generally consists of six key phases: firstly, to identify accessibility needs of the procurer; secondly, call for tenders; thirdly, the evaluation of tenders; fourthly, the selection of contracts, followed by the awarding of contracts and lastly, the management of procurement contracts.

A Disability-inclusive public procurement policy would include compliance with a technical accessibility standard as part of criteria for suppliers to be considered in bidding. Therefore, when soliciting suppliers to apply for bidding for a certain product, a government, first and foremost has to have technical standards in compliance with international standards such as then a government entity conducting procurement will have to inform that requirement to potential suppliers. Then, typically, suppliers wanting to participate in bidding are required to submit the written evidence that their product or service is accessible. The government entity which solicited tenders is required to check the product or service accessibility compliance through review. Technical standards used as criterion should be nationally recognized and compatible with international standards. A contract will generally be awarded to the most competitive supplier in accordance with their compliance with relevant procurement criteria, including fulfilment of accessibility standards. Generally, a disability-inclusive public procurement policy defines a scope of products and services this accessibility criterion is applied to. 

Implementation of disability-inclusive public procurement policies could create an upward spiral of market-driven spread of accessible goods and services. First, incorporating universal design-based accessibility within public procurement, creates an incentive for suppliers to increase the production of accessible goods and services.

Then, the increased supply can lead to a ripple-on effect, providing a broader range of accessible goods and services available to consumers with diverse needs in the domestic market first, and later international markets as importing and exporting of accessible goods and services become more prevalent. As the availability of accessible goods and services becomes more widespread, healthy competition in the market ensues, thus leading to products and services that are more affordable, and the potential for the quality of universal design-based accessibility to improve. If more universal design-based accessible products and services are available in the market, not only persons with disabilities who have long term difficulties in different functioning but also those who have accessibility needs temporarily or situationally can benefit from them.

Furthermore, this approach might be more cost efficient. In general, incorporation of universal design and accessibility at the initial stage of product and service design can limit further costs which may arise from modifying inaccessible goods or services at a later date. Moreover, as governments are obliged under the CRPD to remove all barriers to goods and services wherever they exist, retrofitting accessible goods or services should not be avoided due to the possibility of additional costs. Enforcing disability inclusive public procurement policies can also lead to cost savings for governments. 

What is CRPD compliant public procurement?

The Convention on Rights of Persons with Disabilities (‘the Convention’ also known as the CRPD) has been ratified by over 150 countries. Article 4 of the Convention outlines general obligations requiring States Parties to take measures to eliminate discrimination on the basis of disability from legislation, policy and practice including from ‘any person, organization or private enterprise’. 

Public procurement can mainstream inclusion in many sectors. Procurement can promote accessibility of community facilities and services in implementing the relevant Convention Articles. For example, Article 9 (accessibility) intersects with Articles 13 (access to justice), 19 (living independently), 20 (personal mobility) 21 (freedom of expression), 24(education), 25 (health), 26 (habilitation and rehabilitation), 27 (work), 28 (social protection), 29 (political and cultural life) 30 (cultural life and sport) 31 (data) and 32 (international cooperation) in terms of access to facilities, services and information. Public procurement can promote de facto equality to accelerate inclusion of people with disabilities (Article 5) and can help fulfill Convention obligations. Yet more can be done. Even in countries with inclusive public procurement policies, implementation needs to be reviewed or improved. 

Addressing discrimination on the basis of disability is a priority for public procurement policy and legal reforms. Non-discriminating public procurement means people with disabilities are not excluded or restricted from benefiting from procurement processes and outcomes on an equal basis with others.

What is status of inclusive public procurement in India? 

The public procurement system in India makes no 

reference to disability. There are no reservations in contracts for persons with disabilities. There is a provision for preferential treatment to earmarked sectors such as micro, small and medium enterprises (MSME). Small and Medium Enterprises (MSME) is in final stages of issuing a public procurement policy that is likely to make it mandatory for all ministries and public sector undertakings to procure 20 per cent of their total annual purchase volume from the micro and small enterprises In tender specifications, accessibility requirements are provided in tender documents but limited to tenders relating to building construction. India does not presently have accessibility standards for transport, information communication technologies etc. and tenders for these do not have any requirement to provide accessibility.

Public procurement policy 2018 just says that public procurement processes must adhere Rights of Persons with Disabilities Act 2016.

What is the impact of the Indian Inclusive Public Procurement Policy on accessibility? 

As of May 2017, the MTC had a scheduled fleet of 3688 buses and total fleet strength of 3968 buses. Wikipedia 

The Hindu reported on 15-Feb-2019 As many as 1,816 new buses have been inducted into the fleet of ... are part of the 2,100 new buses announced in 2016-17 budget.

7 special MTC buses are inaugurated by CM in Chennai for Handicap people 29/11/2011 skyscrapercity.com. How accessible are these 7 buses? Please read

http://rajivstoryfies.blogspot.com/2021/10/a-road-to-nowhere-with-mtc-chennai-from.html

As of March 2020, Indian Railways' rolling stock consisted of 2,93,077 freight wagons, 76,608 passenger coaches and 12,729 locomotives. 8675 more coaches are expected in 2020-21.

https://en.m.wikipedia.org/wiki/Indian_Railways#:~:text=As%20of%20March%202020%2C%20Indian,at%20several%20locations%20in%20India

There is no data available on the number of so called accessible railway coaches. How accessible are these so called accessible coaches is different questions and has depth in detail in

http://rajivstoryfies.blogspot.com/2021/10/accessible-indian-railways-never-to-be.html

Accessible Indian Railways … Never to be a Reality?

 Accessible Indian Railways … Never to be a Reality?

[Flashback - 2005]

D.N.I.S. News Network dated  15/12/2005 

- "Following an affidavit filed by the Indian Railways in the Madras High Court in a hearing on a Public Interest Litigation, an audit team from Disability Law Unit (D.L.U.), South, Vidya Sagar, has found false the claims made in the affidavit about disabled-friendly services at Chennai Central and Egmore stations.

A report prepared by the team, constituting Rajiv Rajan, Dhana Sekar and Manjunathan, says that most of the statements made in the affidavit are incorrect. They visited platforms 6 to 9 where five trains were stationed at the time of visit. These were Thiruvanthapuram-Chennai Mail, Thiruppathur-Chennai, Elagiri Express, Hyderabad-Chennai Chaminar Express, Mysore-Chennai-Thirupathi Express, and Coimbatore-Chennai Cheran Express.

"It was astonishing to note that none of these trains out of which three are connecting links between major cities of South India had no special compartment for disabled people as mentioned in the affidavit. It was also found that disability sign is being used in the normal compartment," the report says.

Another point mentioned in the affidavit is that the wheelchairs have been modified to allow easy entry into the coaches but what the access auditors saw at the Chennai Central was shocking. "Leave alone any new adaptation, the wheelchair had no front wheels," it adds.

"It will be difficult for even a non-disabled person to get into the so-called disabled-friendly coach, as it is in no way different from the normal compartment at least at the doorsteps, excepting for a wider door. It is also interesting to note that the coach is not connected with other coaches in the train. In fact it is an extention of the luggage wagon," the report further adds.

The report also claims that no facility is available to lift a person on wheelchair into this coach. The disabled-freindly coach is actually an unreserved compartment and can accommodate only two disabled people and their escorts. There are incidents when more than 20 disabled people with escorts have travelled by the coach, which has the capacity of carrying only four.

"If this is the case of the two major stations at a place where the regional head quarters is situated, what about other places? What will be the accessibility condition in small places? Can anyone from the railways dare to answer these questions?" concludes the audit report."

A person with disability on wheelchair had to cross the track on wheelchair, and the wheels can get caught between tracks. To travel long distance by train in the late 90s, a person with disability would have to starve for 2-3 days as trains and stations lacked accessible toilets. Also, train berths were too narrow for a person with disability who involuntary movement. So, he would lie on the floor of the train, which can be very painful because of the train’s movement. Getting into the train was another nightmare as it is even now. Just a slip and the person would be under the train between the platform and the wheels.

There was no way a person with disability could get out of the station without crossing a number of railway tracks. Wheelchair’s front wheel used to get caught in one of those tracks. Escaping with minor injuries was considered to be fortunate enough.

Disgusted with the experiences of train travel and with the support of a couple of lawyers, I filed a PIL in 2005 urging the railways to make the stations and coaches accessible.

---

[Fast-forwarding to Oct 2021]

There are some sporadic changes in railway stations, facilities such as ramps were built in almost all the stations, I believe accessible toilets were also built in major stations and that is when the railways came up with the idea of a special coach for the people with disabilities. To give a little bit of credit to the railways, inside the special coach was kind of accessible but the same story continued to get into the train, which was next to impossible.

Railways are supposed to be one of the largest revenue generators for the government. This implies that lack of funds is not the reason. Given this, we are left to wonder what is stopping this largest network from being accessible.

Unfortunately though most of the issues mentioned above still remain unresolved despite Rights of Persons with Disabilities Act 2016 and the United Nations Convention on the Rights of Persons with Disabilities which india ratified in 2007.

There are still no accessible ways to enter or exit the  coaches. No accessible way to cross the track whatsoever. No braille forms or documents. No sign language interpreters

Vande Bharat 'Express still excludes persons with disabilities totally. A 100% Made in India train (with '100%' Indian priorities for  passengers with disabilities!)

While persons with disabilities have 'graduated' from luggage rake to driver trailer coach, there's only 1 space reserved for a wheelchair user in a passenger train of 1128 seats when at least 2 seats per coach must have been reserved and made accessible for persons with disabilities.

It is important to note here that the rakes of these trains are made as a part of "Make in India" campaign and the moto of the government has been "Sab ka Sab ka Vikas". Are persons with disabilities not a part of this motto? 

Govt of India is doing so much for sabka saath sabka vikas. Why are the rolling stock not based on universal design? Why not dedicate at least two seats per coach to wheelchair users or mobility impaired people?

Sab ka sat sab ka Vikas is only for non "divyang jan" ? 

"Titles are enough for children" - is this the view of Government of India? Are persons with disabilities citizens of India or are we refugees in our own country?

Is the view of government "many persons with disabilities are not considered to be a person before the law and hence can not vote, so why should we do anything for them?" Well, remember your attitude towards persons with disabilities is the reason for us being denied the right to franchise also.

If a person with disability cannot enter a railway station, get from one platform to another and get into the train itself, what is the use of the disability compartment? Or what is the use of reserving berth for persons with disabilities irrespective of the class? When will the railways wake up to the calls of 15 per cent of the population of India?

A Road to Nowhere with MTC Chennai from November 2005 to till date

A Road to Nowhere from November 2005 to till date 

It was with great hope that a Public Interest Litigation was filed at High Court of Madras on 23.11.2005 after ad due process of deliberations with the respective authorities for making MTC buses accessible for persons with disabilities.

The Honorable High Court expanded the scope of the petition to Public Buildings in one its early hearings.

Fast forwarding to 06.04.2016 after a long series of back and forth with affidavits and counter affidavits and a number of meetings The Honorable High Court gave an interim order saying 

"5. We are of the view that any steps to be taken for the benefit of the persons with special needs has to be inclusive in character. The idea cannot be to have separate buses, but buses which are used daily by passengers meeting the requirement of Persons with special needs. It is not possible to pre-determine the route to be travelled, the destination to be reached etc., by introducing buses only for certain routes which are disabled friendly. The objective has to be, over a period of time, to make sure all the buses in use meet the requirement of people with special needs. This can only happen if procurement of such buses which are meant to cater to the people with special needs, as otherwise what has happened would continue to happen – introducing of new buses in the fleets which still do not meet the requirement of the people with special needs.

6. We thus direct that any new buses to be introduced in the fleets must meet the requirement of the people with special needs and as per the norms in consultation with the Commissioner for Persons with Disabilities.

7. In determining whether a bus is disabled friendly, inter alia, it has to be ensured that there is easy access for boarding and alighting." 

Raising rays of hope for persons with disabilities in Chennai. 

Chennai's 2021 population is now estimated at 11,235,018 and according to the government of Tamil Nadu. There is a disability rate of 1635 per 100 000 population. There are 1,83,695 persons with disabilities as per the statistics given above. The fact is that disability statistics in India is calculated vary poorly. The WHO says 15% of any given population is persons with disabilities. The estimated population of persons with disabilities in Chennai is 16,85,253 as per The WHO statistics. 

Buses bought/allotedq by MTC/State transport corporations after the above order 

"Eight State Transport Corporations (STCs), which have been saddled with aged buses, are set to get 2,000 new buses in the next six months" The Hindu 22nd February 2018

"The new red buses launched by the Metropolitan 

Transport Corporation in three phases since October 2018, replacing nearly 10% of the aging fleet, are a big hit among commuters in the city.Despite able to seat eight people fewer than the old buses that have 46 seats, the 300 new buses, with broader seats and better leg space, are drawing more commuters and generating more revenue, shows official data." 15th May 2019 new Indian express

"The new buses were part of the 500 buses flagged off by Chief Minister Edappadi K Palaniswami here on Wednesday. The buses were built at a cost of Rs. 154.24 crore. Of the 500 buses, 235 buses are allotted for MTC" 15th August 2019 New Indian express

"Though no electric buses have been allotted to MTC under the FAME scheme, the State government will be purchasing 500 electric and 2,213 Bharat Stage VI buses, at a cost of ₹1,580 crore, through funding from KfW of Germany" DT NEXT 23.11.2019

"The government, in the interim budget on Tuesday, sanctioned `623 crore for the first phase of the project, which will involve buying 2,200 diesel buses and 500 electric buses. “A majority of the e-buses will be for MTC, Chennai, and the rest will be deployed in Madurai and Coimbatore cities,” said a senior transport department official" Times of India 24.02.2021

in normal circumstances this is enough and more reasons to file a contempt of court but some how we missed the proverbial bus may be because it is against the buses.

The UN Convention on the Rights of Persons with Disabilities ratified by India in 2007 says 

"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;

b) Information, communications and other services, including electronic services and emergency services."

The Rights of Persons with Disabilities Act 2016 with clear deadline for implementation says

"Section 41 in The Rights of Persons with Disabilities Act, 2016

Title: Access to transport.

Description: (1) The appropriate Government shall take suitable measures to provide,— (a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines; (b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design; (c) accessible roads to address mobility necessary for persons with disabilities. (2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,— (a) incentives and concessions; (b) retrofitting of vehicles; and (c) personal mobility assistance."

"6. The State seeks time to indicate a road-map. However, it is necessary that the State be restrained from acquiring any further bus for the public transport system which does not conform to the specifications indicated in the notification of September 20, 2016 referred to above. In other words, the State will not acquire any new bus for use thereof as part of the public transport system unless such bus meets the standards indicated in the notification of September 20, 2016." Says the Honorable High Court of Madras 

Despite all this the MTC yesterday said in court that they they don't have the resources to implement any of these laws and court orders. Forcing the Honorable High Court to give an order saying 

"2 Appropriate measures should have been taken much earlier so that things would not come to such a pass. Though it can be appreciated that the pandemic has caused a severe loss and city roads may still not be viable to receive low platform heavy duty vehicles,

there has to be much more acquisition of disabled friendly buses and investment in appropriate roads since the law has been in place for a considerable period of time. At the same time, some latitude may be

offered so that the larger public interest is served and the blanket embargo on acquisition of buses does not completely disable the public transport system

3. The State seeks time to indicate the road-map that has been referred to in one of the previous orders. The State also seeks time to furnish appropriate figures so that some time may be afforded to the State to go in for a mix of disabled friendly and ordinary buses for a

limited period before all buses acquired from a particular date will be as required by law to be disabled friendly."

"The state government of Tamil Nadu, in its revised budget for FY2021–22, has allocated INR6.23 billion under the KfW assistance programme for the procurement of 1,000 new buses. It has also allocated INR7.03 billion as subsidy for free travel on buses for female and third-gender passengers as well as passengers with limited mobility on buses operated by the state transport authority. It has also allocated INR7.50 billion as diesel subsidy to insulate against price increase.

 The state government has announced plans to launch the Chennai City Partnership Programme, in partnership with the World Bank and the Asian Infrastructure Investment Bank (AIIB). The programme aims at revitalising the Chennai Urban Metropolitan Transport Authority (CUMTA). The state government has also announced plans to prepare the detailed feasibility report for an upcoming metro project in Madurai, one of the largest cities in the state." Global Mass Transit 13th August 2021 

 Still MTC does not have money to make buses accessible!

This being the case of Physical Access with MTC, Are their services any in terms of access? The following 2 instances are enough to answer that question as well 

"When Rajiv Rajan boarded a bus at Parrys on Tuesday evening, he didn't expect the conductor to make a fuss about his wheelchair. The conductor of the 21G deluxe bus refused to let Rajiv, coordinator of Vidyasagar's disability legislation unit, travel to Kotturpuram unless he paid "luggage charges" for his wheelchair" Times of India 22nd February 2009

"In a shocking case, a person with disability, who was invited to participate in a demonstration and trial of accessible MTC buses, toppled backward from the ramp when she tried to board the vehicle, and hit the back of her head on concrete floor. The incident stirred panic at the function, as other persons with disabilities felt the prototype was a threat to their safety." New Indian Express 8th November 2019

We have purposely copied and pasted in most of the document from credible sources so that nothing we say can be sensibly denied 

16 years of legal battle in 2 PILs, an UN Convention a National Law to "Protect" The Rights of Persons with Disabilities are not enough to stop discrimination against persons with disabilities. Like there used to be whites only buses during the pre independent days now there are able bodied only buses. 

Where do we citizens with disabilities in India go to protect our rights? 

Or is it that we are not the citizens of this country? 

Does anyone care in Chennai for its 17 lakh odd citizens with disabilities?

Will any one us be able to see an accessible MTC fleet of buses?

Is there anyone listening to all this?