People with Disabilities in India: From Commitment to Outcomes

should move to implement the Act’s provisions, e.g. amendment of bye-laws etc. While the
PWD Act can be considered a starting point in promoting accessibility, there is clearly a
significant need to build on it. There has been progress on the policy side in promoting
accessibility since the Act. The Ministry of Urban Affairs and Employment issued Guidelines
and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons in 1998
(with a similar document from the Chief CPWD Office). This is a guiding document to central
and state authorities in modifying their bye-laws, and applies to most construction other than
domestic buildings. In addition, the latest 2005 revision of the National Building Code (NBC)
includes provisions for buildings, services, and facilities for people with disabilities. The NBC
acts as a model code for construction by Public Works Departments, other public agencies and
private construction companies. The documents do not have direct force, though are of course
important standards and sources. In order to make them legally binding, they need to be adopted
into local building bye-laws for construction and systems for approvals. To date, around 16 states
have modified their bye-laws or adopted new ones, with others in the process of doing so.
47. There is much evidence, both quantitative and anecdotal to indicate that
accessibility for PWD remains a largely unrealized goal in India to date. One of the major
issues in promoting access for people with disabilities is that of institutional coordination.
Particularly for the built environment, there are in most cases a range of line agencies and other
local authorities responsible for infrastructure. This frequently results in no single agency
considering itself responsible for making the built environment accessible, and/or problems with
very partial accessibility in the face of uncoordinated action. The institutional issues in
promoting access reflect deeper challenges of accountability. In this respect, the PWD Act itself
is not of great use in terms of establishing clear lines of accountability for ensuring that
accessibility standards are adhered to. A further important weakness in improving accountability
has been the general lack of consultation with people with disabilities themselves in prioritizing
investments to promote access, and in monitoring access outcomes.
48. Despite the constraints, various channels have proved useful in promoting
accessibility. The courts have played a role in promoting the access commitments of the Act,
both directly in relation to physical access provisions (e.g. to transport), and in broader areas of
civil participation such as access to polling stations. Another simple but more powerful tool in
promoting accessibility has been the growing practice of access audits, generally by NGOs,
though in a number of cases supported by Commissioners’ office.
IV.
Policy Options for Improving the Lives of People with Disabilities
49. The issues identified above suggest that it will take a multi-faceted approach to improve
the welfare of disabled people and maximize their contribution to the economic and social life of
the communities in which they reside. There is a clear need in several sectors to do a better job in
“getting the basics right”, i.e. minimizing the incidence of disability; identifying and certifying
disabled people as early as possible; getting far more disabled children into school and making it
a worthwhile experience for them; increasing efforts to raise awareness among PWD and service
providers of their rights; and developing creative approaches to minimizing the social stigma of
disability. As noted, it is neither possible nor desirable for the public sector to “do it all”,
particularly in an environment of major challenges in general service delivery. The specific areas
of improvements are highlighted below:
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