A.K.SIKRI,J. - (1.) The petitioner herein, who is a visually disabled person, is resident of Gurgaon (now 'Gurugram') and works in Delhi with a human rights organisation. He has filed this petition in public interest on behalf of the disabled persons (though better expression to describe these persons is 'differently-abled persons') for proper and adequate access to public places. In particular, this petition seeks providing all accessibility requirements to meet the needs of visually disabled persons in respect of safe access to roads and transport facilities. It is stated in the petition that there are sixty to seventy million disabled persons in India and almost 50% thereof suffer from visual disability. The fundamental concern of these visually impaired persons is safe accessibility to movements on footpaths and accessibility to roads and transport. It is stated in the petition that internationally acceptable mandatory components of physical accessibility are the following: a) Safety: the environment must be such where disabled people can move around safely. b) Independence: the environment must be such where disabled persons can use the facilities independently. c) Affordability: the barrier free or accessible environment should not come with a premium. [1* Based on a paper by Sunita Singh titled 'Accessibility Issues' in book called 'Disability Management in India - Challenges and Commitment', edited by C.S. Mohapatra and published by the National Institute for the Mentally Handicapped, Ministry of Social Justice and Empowerment, in collaboration with the Indian Institute of Public Administration (IIPA).]
(2.) As per the petitioner, physical accessibility when translated vis-a-vis road and transportation facilities for the benefit of visually disabled persons would imply the following features: MEASURES IN RESPECT OF ROADS: a) Installation of auditory signals at every red light so as to aid visually disabled persons to cross the roads safely. This signal emits a series of sounds, which would indicate the opportune time to cross the road. b) Construct zebra crossings at a slight incline so as to aid in guidance to visually disabled persons and to enable them to navigate along this raised safe passage of zebra crossings. This slightly raised level wo9uld indicate the course of the zebra crossing to visually disabled persons, who would be able to sense the slight level difference with the aid of their walking stick. c) Insert guiding blocks in zebra crossings so as to aid in guidance to visually disabled persons and to enable them to navigate along with safe passage of zebra crossings. d) Placing warning blocks along the edges of the pavement or footpath so as to denote a level difference between the road and the pathway and to ensure the continuity of the pathway. Warning blocks refers to a standard cement block, such as is used on pavements and footpaths, consisting of a series of small blisters on them so as to warn visually disabled persons wherever there is a gap in the pavement, a level difference or to indicate the point where the pavement or footpath ends and a road or a zebra crossing starts. e) Providing for unobstructed footpaths with minimum hindrances in such manner so as to leave obstacle-free walking areas in a straight line on the footpath at either left or right edges of the footpath. f) Placing guiding blocks on pavements and footpaths so as to aid visually disabled persons in directional guidance. Guiding blocks are constructed on the same lines as warning blocks, the only difference being that while warning blocks consist of blisters made on a block, guiding blocks comprise of lines engraved on a block. These engraved lines on the cement block, which the visually disabled persons can sense with the aid of their walking stick, serve as an orientation tool to guide visually disabled persons along a certain direction. g) Colouring the nosing of stairs in subways/overhead bridges/ escalators. Colouring the edges of the stairs would be of immense guidance to persons with low vision so as to enable such persons to negotiate each step with ease and orientation. h) Providing for specially designated parking areas, which do not obstruct pathways. This feature would ensure that visually disabled persons could negotiate pathways without the apprehension of colliding with parked vehicles. i) Construction of a protective fencing around obstacles on footpaths an pavements so as to serve as a warning of the obstacle ahead. j) Providing for signboards/advertisement boards and hoardings to be placed above head levels. This feature would ensure that there is no probability of visually disabled persons suffering head injuries owing to collision with signboards/advertisement boards. k) Erecting a temporary barricade around places where construction work is in progress so as to serve as a timely warning to visually disabled persons. l) Constructing highlands in the middle of main roads, so as to make crossing roads safer for the visually disabled. A highland would divide the main road in to two separate traffic zones of traffic moving in opposite directions, wherein a visually disabled person, through the aid of his ears, can concentrate on the traffic sounds coming from one particular direction whilst crossing over. MEASURES FOR TRANSPORT FACILITIES: m) Providing an efficient audio announcement system in all modes of mass public transport, using Delhi Metro, which has incorporated this feature with great success, as a model. n) Providing for bus stops to have route maps and schedules in Braille, which is placed at eye-level. o) Providing for a standardized texture of flooring in front of bus stops. p) Providing for easily accessible entry and exit points at bus stops, railway stations and airports. q) Providing for an exclusive and designated ticketing area and assistance/information counter for visually disabled persons at the point which is nearest possible to the entry point and at every platform. r) Providing for a designated place for disabled friendly coaches by placing guiding blocks for disabled-friendly coaches at railway stations, till the time the entire transport system becomes disabled friendly entirely. s) Constructing warning blocks along with edges of platforms at all railway stations. t) Modifying the footboard of public transport vehicles so as to make it more accessible for the visually disabled with sufficient and uniform width of steps and between steps.
(3.) As per the petitioner, though there are few instances where some of these measures are being implemented, but the authorities have moved with a slow pace and in sporadic manner. To illustrate the same, the petitioner has tabulated these measures in Anneuxre P-4 to the writ petition to show that in most of the cases no action is taken by various States and Union Territories. RIGHT OF VISUALLY DISABLED PERSONS TO GET THESE FACILITIES (i) At International Level ;