Indian Railways continues to drag its feet on making its stations accessible despite court rap

Railways get court rap for failing to make stations disabled-friendly

Written by Ruhi Bhasin | Mumbai | Posted: November 13, 2014 12:12 pm

Directing the railways to come up with a time-bound schedule to provide basic facilities for the differently abled by November 24, the Bombay High Court on Wednesday noted that a large number of suburban stations still did not been provide basic amenities like accessible toilets, railings, low ticketing counters and low-height water taps.

Justices A S Oka and A S Gadkari were acting on a bunch of petitions, including one submitted by NGO Disability Right Initiative represented by senior lawyer Gayatri Singh. The petitions highlighted the issue of raising the height of platforms at local stations and providing helipads near railway stations to airlift accident victims.

“As we invite discussions on raising the height of platforms, several people have lost their lives. We cannot spend so much time because railways cannot provide basic facilities. It is sad that the court has to monitor such matters,” the HC said.

On being informed that such facilities had been provided at only 22 stations,  the HC noted that the law required railways to provide such facilities for the differently abled at all stations.

While referring to the affidavits filed by Central and Western Railways, the court observed “We find that in cases of large number of suburban stations, basic amenities for the differently abled are not provided. We direct the railways to file an affidavit specifying an outer limit to provide such basic facilities like accessible toilets, ramps, low height ticketing counters and water taps at all station. Compliance of other facilities will be considered in the next hearing.”

The court has now asked the railways and the state government to file their affidavits by November 24. The next hearing in this matter will be held on  November 26.

“As far as directions to raise the height of platforms is concerned, substantial compliance has been made by Western and Central Railways. Also, tactile indicators should be put 18 inches from the edge to assist visually impaired people,” the court observed.

On the issue of constructing helipads along stations at 14 spots, the court stated that the government’s response in this matter was very vague. “From the urban development department, we have received very vague replies. It does not set out the exact nature of policy decision taken by the government in response to an earlier court order,” it said.

The HC had earlier directed the state government to decide on this issue by by November 5. “You may take time but say yes or no. When an outer limit has been set then the decision should have been made by now. If land is available, why do you require modification of development control regulations? If a particular spot is not available another can be provided,” the court observed.

Source: Indian Express

Delhi Metro is not barrier free for travelers with blindness

Dear Colleagues,

This horrific incident with our friend Smriti Singh, is indicative of the fact how unsafe the Metro services has been all this while. Some time back our another visually impaired friend Ms. Sweety Bhalla, a senior employee at Food Corporation of India also suffered injuries when her feet got stuck between the space on the platform and the train coach. These are important reminders that Delhi Metro should immediately address the safety of its passengers. 

Teacher’s fall belies Metro ‘accessibility’

Shreya Roy Chowdhury,TNN | Nov 13, 2014, 03.30 AM IST

NEW DELHI: Smriti Singh, a visually impaired English teacher at Maitreyi College, fell on the tracks at Vaishali Metro station while trying to pick her way out of a train, unescorted, on November 5 (Wednesday). The 30-year-old's predicament—she's now laid up with 13 stitches on her head and a bad back—detracts from Delhi Metro's reputation for being fully modern and accessible. There are no barriers between the platform and the tracks at Vaishali and there was no assistant to receive her either. 

Singh, who frequently uses Metro to get to work, claims that assistance is often missing at Vaishali. She changes over to the Yellow line at Race Course station, switches to the Blue at Rajiv Chowk and rides it till the last stop at Vaishali. According to Metro's system, word of her arrival travels before her, or it should. "On that day, a student rode with me till Rajiv Chowk and there DMRC officials took my name and contact details. They were to inform the Vaishali staff so they could have assistance ready to help me off the train and out of the station once I arrived," recalls Singh. It's not anything new. "The people at the station know me," she says. 

She boarded the Blue line but once she got off at Vaishali, she found no assistant to guide her. "I waited and then started asking other commuters for help," she says. This too has happened before, but, on every occasion, someone had stepped forward. "This time no one came. I had gone a few steps when I fell straight on the tracks. There's a gap between the tactile strip and the platform as well and no barriers." The officials came running. They stopped the approaching train, pulled her out and had someone accompany Singh, who'd bled all over her kurta, to hospital. "Their ambulance didn't arrive on time either and I went to the hospital in my own car and without a female escort. I kept telling myself not to faint all the while." Her husband spoke to the station officials the next day but no one's got back to them with any update. They've also filed a police complaint. "This shouldn't happen to anyone else. There should've been barriers on the side. Not just for disabled people but also for kids. Anyone can fall in when it's crowded," she explains. 

Asked about the incident, spokesperson for Delhi Metro Anuj Dayal admitted that there had been shortcoming on part of the Delhi Metro staff. "The passenger had spoken to a customer facilitation assistant at Rajiv Chowk who had informed the train operator on the Vaishali-bound train. The TO, however, didn't inform station staff at Vaishali. The train operator is being questioned," said Dayal. 

"There was another case some time back," observes Anil Aneja, vice-president of All India Confederation of the Blind. He cites Section 46 of Persons with Disabilities Act, 1995, that requires all public infrastructure, including transport, to be accessible. "There's a Supreme Court judgment of March 2014, that directs states to implement Section 46 by December. It's already November," says Aneja.

Source: Times of India 

Policy of Bus Operator to not require non disabled travelers to vacate space for wheelchair users - a discriminatory practice

Does the policy of Bus Service provider not requiring non-disabled passengers including mothers with pushchairs/ prams, to vacate space for wheelchair users be considered discrimination under UK's  Equality Act 2010 ?

After a Judge of Leeds County court ruled that the policy to not provide mandatory priority space to wheelchair users vis a vis other passengers was discriminatory under the Act, the respondent "First Bus Group" the bus company which  runs services in and around Plymouth have decided to place issue before a Three Judge Appeal Bench  seeking clarity on it as a matter of law.  The County Judge said it had been the UK's parliament’s decision to give protection to disabled wheelchair users and not to non-disabled mothers with buggies.

Here is the news from The Guardian, UK.

Appeal court weighs legal duty of transport operators to enforce wheelchair users’ priority over other passengers

Press Association

The Guardian, Tuesday 11 November 2014 15.25 GMT

A judge ruled First Group had been discriminatory by not requiring other passengers to vacate the space reserved for disabled travellers. 

A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.

Three appeal judges are being asked by a bus operator to decide whether wheelchair passengers should have priority over all other passengers to use the space as a matter of law.

The judges heard that First Bus Group had a policy of “requesting but not requiring” non-disabled travellers, including those with babies and pushchairs, to vacate the space if it was needed by a wheelchair user.

But a judge at Leeds county court ruled that the policy was discriminatory and in breach of a duty under the Equality Act 2010 to make reasonable adjustments for disabled people.

The ruling was made in the case of Doug Paulley, a wheelchair user from Wetherby, West Yorkshire, who was denied access to the bus after the woman with the sleeping baby refused to move.

Paulley, 36, won £5,500 in damages against First Group, after the judge, Recorder Paul Isaacs, declared that the company should have taken measures to ensure he was not at a disadvantage when he tried to get on the bus.

The judge said it had been parliament’s decision to “give protection to disabled wheelchair users and not to non-disabled mothers with buggies”.

On Tuesday Martin Chamberlain QC, for First Group, appealed against that ruling. He said it was an example of a long-running problem on public transport that had produced conflicting court decisions and bus operators were now seeking legal clarity.

First Group had appealed because of their need to know “what they are legally required to do and how”, he said.

“It will be obvious that [First Group] are much more concerned with the wider effect of Mr Recorder Isaac’s judgment on its policies, customers and staff than on the relatively modest [damages] sum awarded in this case,” Chamberlain said. The case also affected “the expectation of disabled people to be able to access public transport”.

Chamberlain told the appeal judges, Lady Justice Arden, Lord Justice Lewison and Lord Justice Underhill: “The problem with the adjustment required by the recorder in this case is that it requires a rigid policy of priority for wheelchair users over all other passengers, irrespective of their legitimate need to use the same space.”

The requirement “unnecessarily encourages confrontation and is unenforceable”, he said, and it was not in the interests of disabled people or passengers in general.

Paulley’s defence of the Isaacs decision is being funded by the Equality and Human Rights Commission.

Source: The Guardian 

Related Media Coverage:

BBC News - First Bus appeals against wheelchair court ruling

Plymouth Herald - Bus firm which runs Plymouth services embroiled in mums v disabled court case

Indian Railways invites bids for Braille signage in long distance trains

A good news coming in from the Indian Railways wherein the Integral Coach Factory has invited bids for large scale supply of braille signage. Here is the DNA coverage today:

Railway's braille plan takes off, tenders by month-end

Tuesday, 4 November 2014 - 6:20am IST | Agency: DNA

Good news for the visually impaired people who travel by the railways everyday. The railways' plan to have braille numbering and other signs for the visually-impaired finally got off the ground with the Integral Coach Factory inviting tenders for the large-scale supply of these items. The first big tender for braille numbers to indicate the berths of long-distance trains was issued this week and will be opened at the ICF's Chennai headquarters on November 25.

Confirming the development, Alok Johri, member (mechanical) said it is the first time railways was going for these braille signage for its long-distance coaches. Currently, long distance coaches have their signage, seat numbers as well as general instructions in the normal format written on vinyl stickers or metallic plates only helpful to normal passengers.

In the latter part of last year, railways deciding to provide braille stickers in coaches to facilitate visually impaired passengers. Things moved slowly since then and plans to have one air-conditioned coach in the Delhi-Purushottam Express also seemed to have been stalled.

The railway plan for braille signs and numbers in coaches will include braille characters embedded on to the metallic base so that visually-impaired could touch it and decode the information. Railway officials said the signage has been developed by the ICF under the observation of the Research Design Standards Organisation (RDSO) with suggestions from various organisations working for the visually-impaired.

Source: DNA

Smart Floors Enhance Accessibility of Airports for Passengers with Disabilities

Dear Colleagues,

The below article by Marisa Garcia of Skift brings into light how graphic floors can help people with visual disabilities particularly those with impairments of depth perception. This can be replicated at all public spaces particularly  Transportation Buildings or interchange stations for Bus, Rail, Metros, etc. and Other Buildings such as malls, institutions, universities etc. Here goes the article covering the smart floor tiles at Edmonton International Airport.

The striking graphic floor tiles of Edmonton International Airport compliment the terminal’s distinctive modern appearance, but they're far more beautiful than that. What might appear to other passengers as a decorative contrast of graduated color tiles, was designed to help visually impaired passengers better judge the distance to their gate.

“Some Visually-Impaired passengers may have poor depth perception,” explains Heather Hamilton, Spokesperson for Edmonton International Airport. “They can’t judge the distance to their gate with a long monochrome flooring in the terminal hall. The distance varied tiles of the floor we installed, with its skinny strips graduated along the length of the terminal, let’s you focus your eye on the lower shelves and better judge the distance to the check-in counters. The two different color insets of grey and blue also make it easier to judge the distance ahead.”

Edmonton International Airport’s Floor Tiles Help Visually Impaired Passengers With Way-finding/Edmonton Airport (photo credit skift.com)

The decision to install this unique feature is part of Edmonton International Airport’s social commitment to travelers and to the local community. “We met with members of the community to get feedback on how we could improve our Terminal for all passengers,” says Hamilton. Helping passengers with limited depth-perception find their way through the Terminal better was one of the suggestions which came out of these meetings. “We have the same pattern worked into the carpet in our office tower. In the office carpet, the texture carpet and the height of the pile serve the same purpose.”

Awareness is growing in the travel sector, including at airports and airlines, about the importance of Universal Design. This is design which considers the needs of all and makes products and environments attractive, functional and accessible. Think OXO.

Edmonton International Airport’s Graphic Pattern on Floor Helps Visually Impaired Passengers with Way-Finding/Edmonton Airport (photo credit skift.com)

Laurel Van Horn, Director of Programs and Editor for the Open Doors Organization, and the former executive director of SATH (Society for Accessible Travel and Hospitality), is an advocate of design which meets the needs of all travelers. The mission of the Open Doors Organization is to share insights into the needs of elderly and disabled travelers, targeting areas of improvement and carrying out accessibility initiatives.  As she explains, airport terminals are actively looking for ways to ensure passengers with disabilities and the elderly can better navigate our ever-expanding international terminal cities.

“Without a question, airports around the world are becoming more and more accessible,” Van Horn says. “This is true even in countries where little accessibility exists outside the airport. But are they becoming more usable or functional, especially as they grow in size? Most people who need wheelchair assistance in airports never use a wheelchair in their everyday lives but they can’t manage those huge distances.  Even those who can manage the walk may need an escort to find their gate because the way-finding and signage is so complex in these huge, multi-level terminals. This is where Universal Design can play a role.”

Source: Skift.com 

DGCA fails to respond to Disability Discrimination Notice from Court of CCPD

Dear Friends,

Our colleague Dr. Satendra Singh was invited to speak at the International Conference on Evidence in Global Disability and Health’ jointly organised by London School of Hygiene and Tropical Medicine and Public Health Foundation of India at Hyderabad in Feb 2014. While returning, he was shocked by the lack of empathy of the security staff at the Rajiv Gandhi International Airport.

He harassed at the Hyderabad International airport by security officials who insisted that Mr. Singh removed his orthosis for security check.  Incidentally, Dr. Satendra Singh, who teaches at the University College of Medical Sciences, Delhi University, has post-polio residual paralysis and uses a knee-foot-ankle-orthosis (KFAO) also called a caliper or brace, for support to allow independent mobility.

Dr. Satendra Singh, Disability Activist

He told the security officials that it is difficult for him to take off his orthosis during travel and again put it back. He expressed solidarity with the security requirements and requested the security officials (CISF staff) to screen him with ETD (Explosives Trace Detector Test) or do a manual frisking but they were hell bent on removal of the orthosis only.

It may pertinent to mention that the Security SOPs (standing operating procedures) by BCAS clearly state that removal of prosthesis is not necessary.  After, Dr. Singh, a medical doctor himself,  did not budge, knowing his rights very well, the security officials had no option but to organise the ETD scanning and he could take his flight back. 

On March 10, Dr. Singh had complained to Mr. Arvind Ranjan, Director General, CISF (Central Industrial Security Force), BCAS (Bureau of Civil Aviation Security), the Ministry of Civil Aviation, Directorate General of Civil Aviation (DGCA)  and the Court of Chief Commissioner for Persons with Disabilities (CCPD).

CISF considering the sensitivities of the issue, organised a workshop on 'soft skills' for handling disabled passengers on 30 March 2014 where it was invited Dr. Singh to share his views on frisking of people with disabilities. Top CISF and Bureau of Civil Aviation Security (BCAS) officials were also present at the session. Post the workshop, the BCAS has issued a revised SOP which is up on its website.

However, the DGCA & Ministry of Civil Aviation did not respond to even the notices issued by the Court of CCPD despite lapse of 30 days time which indicated the callousness shown by them on the subject of dignity during travel for persons with disabilities. 

Speaking to reduced mobility rights, Dr. Singh said, "I have submitted my rejoinder requesting Court to make sure both DGCA and BCAS amend their rustic screening rules, modify guidelines taking UN Convention on the Rights of Persons with Disabilities into consideration."

We hope with the change in guard at the centre, under the able leadership of Prime Minister Narendra Modi, things will fall into place and the lackadaisical attitude will be shunned by the Ministry and it will ensure that no such incident ever happens with any person with disability.

The matter is pending adjudication in the court of CCPD. More updates once the court passes its final order/ judgement!

Media Coverage on the issue

Times of India, 15 Sep 2014 DGCA given 30 days to prove disabled not harassed

Reduced Mobility Rights, 03 Oct 2014  India Civil Aviation Misses Court of CCPD Notice Deadline On Frisking

The Hindu, 26 Feb 2014 Harassed at Hyderabad Airport, said Disability Activist

The Enablist (Blog)/ Times of India:   Airlines can't refuse to fly differently abled 

Insensitivity of Air India towards disabled on display

Dear Friends,

If we go by the incident reported below, then this is another display of insensitivity by the airliners towards travellers with disabilities for Air India has openly expressed that it doesn't accept passengers with any mental disability or challenge or with autism. Here is the coverage by DNA.

No air travel for the mentally challenged?

Baishali Adak, Jul 11, 2014, DHNS :

Concerning issue

In yet 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 mental disability/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.

With several such cases  having surfaced in the past, the present case again points to gaps in implementation of guidelines set in this regard by the Directorate General of Civil Aviation (DGCA) combined with lack of staff training. All of this ends up inconveniencing the differently abled who are already burdened by various problems on a daily basis.

Nikita Sarah, head, Advocacy and Communication, The Leprosy Mission Trust India, called up the Air India Customer Support on June 21 to enquire about facilities and discounts, if any, available for the differently abled. To her shock, she was told that Air India does not carry passengers with any mental disability at all. When she requested the call to be transferred to a superior, the manager reiterated the stand. The same day she e-mailed the Board of Directors, Air India, and they responded with an apology and a promise to “look into the matter and revert”. Sarah is yet to hear from them.

Not a one-off incident

Disability rights activists inform us this is not a case in isolation. A few years back, a prominent film actor from the south, Prithviraj, had to face a similar situation when his son was denied entry into the Bangalore airport. The security staff insisted that “his son was a security threat to other passengers.” In 2012, Jeeja Ghosh, director of Advocacy and Disability Studies at the Indian Institute of Cerebral Palsy, was forced to deboard a private airline at Kolkata airport when the staff made a wrongful demand for a ‘fitness certificate.’

Javed Abidi, chairperson of Disabled People’s International (DPI), says, “It is surprising if such an incident has occurred. It is not that people with physical or mental disabilities do not travel by air. I know such persons who fly by Air India all the time, but it’s an example of airlines today not investing in training their staff properly. This has specifically been stressed upon in the DGCA guidelines on travel for people with disabilities.”

“If you look at countries like US and Britain, you will rarely ever find such instances because a single such remark or insensitive conduct sparks lawsuits.”

Merry Barua, Founder Director of Action for Autism (AFA), adds, “It is really hypocritical that when drunk passengers get on board and make scenes, or when politicians throw their weight around, the staff does nothing. But when an autistic child makes noises, people get all officious and devise their own rules.”

Ministry’s take

Though Air India officials could not be reached despite several attempts, when Metrolife spoke to Poonam Natarajan, chairperson, National Trust, Ministry of Social Justice and Empowerment, she said, “It is very disheartening to hear this. 

Unfortunately, such incidents keep occurring inspite of repeated clarifications that the mentally and physically challenged have a right to fly. I will find out from the Ministry of Civil Aviation and Air India why this is recurring and how it can be put to an end.”  

Source: Deccan Herald