Saturday 26 November 2022

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?