Annual Report - National Human Rights Commission

Rights of the Disabled
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should elaborate National/State policies on accessible infrastructure in order to ensure barrierfree
access to the built environment, the transport system, telecommunications, information and
broadcasting and public facilities.
5.23 Such a policy would also go a long way in fulfilling the commitments of the Government of
India under the Biwako Millennium Framework towards an inclusive, barrier-free and rights based
society for persons with disabilities in Asia and Pacific. Target 13 under priority area E of the
framework calls upon the governments to “adopt and enforce accessibility standards for planning
of public facilities, infrastructure and transport, including those in rural/agricultural contexts.”
5.24 Target 18 of priority area F requires that the “Governments should adopt, by 2005, ICT
accessibility guidelines for persons with disabilities in their national ICT policies and specifically
include persons with disabilities as their target beneficiary group with appropriate measure.”
5.25 The Commission does not view the exercise of policy formulation from standpoint of
generating a new set of paper rules. Rather it is looked upon as an exercise towards capacity
building. The production of a policy framework should ideally generate a dialogue within civil
society about the requirements under the laws, the application of the legal provisions to local
conditions, assessment of shortfalls in compliance, priorities for redress, and the design of a plan
of action. A cycle of pre-policy consultation followed by post-policy review is supposed to
generate practical solutions for full participation of the disabled. The efforts by Ministry of
Railways, Civil Aviation, the Science And Technology Project under Ministry of Social Justice
and Empowerment, GOI in this regard are encouraging but there is a serious need to further
energize these initiatives to effect real change in the ground conditions. The public web sites,
information services, television, buses, bus stands, side walks, public places and
telecommunication systems are still out of the reach of the disabled not on account of their
impairments but due to the persistence of barriers to participation.
5.26 While the process of reform is important, it cannot substitute arrangements by which
evolution of disability inclusive law and policy in future is ensured. The Commission believes
that Ministry of Law and Company Affairs in the GOI and in the States should designate a nodal
officer on disability assisted by a panel of experts comprising representatives of concerned
ministries and of disabled people’s organizations to undertake the task of advising disability
specific elements. The absence of such an arrangement was felt more acutely when the
Commission found that proposals for the Rural Employment Guarantee Bill and Right to
Information Bill were silent on disability. The very nature of disability requires some enabling
provisions to deal with the discrimination and the barriers to access opportunities on equal basis.
A brief set of recommendations on the Rural Employment Guarantee Bill was communicated to
the Government.
5.27 In the previous Reports the Commission has already pointed out some shortcomings
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