In the Court of State Commissioner for Persons
with Disabilities
National
Capital Territory of Delhi
25-
D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04,
Telefax: 011-23216005,
[Vested with powers of Civil Court under the
Rights of
Persons with Disabilities Act, 2016]
Case No. 326/1101/2018/06/1568-1569 Dated: 29.03.2019
In the matter of:
Suo-Motu
Versus
The
Chairperson,
New
Delhi Municipal Council,
Palika
Kendra, Parliament Street,
New
Delhi-110001. .......Respondent No.1
The
Cinema Manager,
PVR
ECx Chanakya, Delhi,
13A-16D,
Chanakyapuri,
Tikendarjit
Marg, New Delhi-110021. .......Respondent
No.2
Date of hearing: 27.03.2019.
Present: Sh. Krishan Mohan, EE(R-IV) Civil and Sh.
Sadvir Singh, NDMC on behalf of Respondent No.1.
Ms. Sangeeta Robinson, Head,
Sustainability & inclusion, PVR Cinemas, on behalf of Respondent No.2.
ORDER
On
a visit of the State Commissioner for Persons with Disabilities to PVR ECx
Chanakya, New Delhi on 14.05.2018, it was noticed that its AUDI-I was not
connected to a lift and also there was no ramp of prescribed gradient. An elderly woman with disability was carried
to AUDI-1 on a chair. The Cinema Manager
of the PVR was therefore advised to intimate by 25.06.2018, the details of
accessibility feature in PVR ECx Chanakya and the reason why AUDI-1 should not
be connected by a lift or ramp of prescribed gradient with handrails and why
all facilities in the PVR should not be accessible for persons with
disabilities vide letter dated 15.06.2018.
A copy of the said letter was also endorsed to Chairman, New Delhi Municipal
Council for information and necessary action to ensure that the “public
buildings” and “public facilities & services” in the jurisdiction of NDMC
are fully accessible for persons with disabilities as mandated by the Rights of
Persons with Disabilities Act, 2016 hereinafter referred to as the Act.
2. Subsequently, Group Captain Prabal
Malakar, Hon. Secy. of Multiple Sclerosis Society of India (MSSI) vide his
letter dated 28.05.2018 also suggested to take up with the concerned nodal
agencies for making places of entertainment, culture etc. accessible for
persons with disabilities. Vide letter
dated 21.06.2018, Chief Executive Officer, PVR Cinemas, Gurugram was requested
to advise all the PVR/Cinema Hall Owners in the NCT of Delhi to ensure that :-
“(i) Their premises have all the accessible
features in accordance with the standards prescribed by the Central Govt;
(ii) Designate sufficient number of seats in auditorium/halls/theatres
for persons with disabilities especially for wheel chair users; and
(iii) Prepare an action plan so as to make every public building and
the service in the NCT of Delhi accessible to persons with disabilities by
15.06.2022 and 15.06.2019 respectively. A list of PVRs/Cinema Halls etc. in NCT
of Delhi affiliated to your Association/Organisation alongwith their respective action plans be submitted to this office in
the below mentioned format by 15.07.2018:
|
S.No.
|
Name of PVR
Cinema Hall / theatre
|
If
accessible, give details of the accessible facilities
|
If not
accessible, date by which it will be made accessible
|
Remarks
|
|
|
|
|
|
|
3. It
was also brought to his/her notice that the Act has come into force w.e.f.
19.04.2017 and Section 45 of the Act mandates that all existing
public buildings shall be made accessible in accordance with the rules
formulated by the Central Government within a period not exceeding five years
from the date of notification of such rules and shall formulate an action plan
for providing accessibility in all their buildings and spaces. As per
Section 2(w) of the Act, “Public building”, includes a Government or private
building, used or accessed by the public at large. Section 46 of the Act prescribes
a time limit of two years for ensuring accessible services by service
providers, whether Govt. or Private. “Public
facilities and services” include all
forms of delivery of services to the public at large (as per Section 2(x).
4. The
Central Govt. has notified the standards
for public buildings as specified in the “Harmonised Guidelines and Space
Standards for Barrier Free Built Environment for Persons with Disabilities and
Elderly Persons” issued by Ministry of Urban Development in 2016 in the
Rights of Persons with Disabilities Rules, 2017 on 15.06.2017.
5. Section
89 of the Act also provides for punishment for contravention of the
provisions of the Act and rules made thereunder which may extend to five lakh
rupees.
6. It was also brought to the notice that Section
42 of the Act requires that persons with disabilities have access to
electronic media by promoting audio description, sign language interpretation
close captioning.
7. PVR Ltd. vide letter dated 05.07.2018
submitted as under:-
“Sir/ Madam,
This has reference to the captioned letter issued by your
goodself wherein we have been directed to comply with certain provisions of The
Rights of Persons with Disabilities Act, 2016. It is submitted at the onset
that PVR Limited is a law abiding company and complies with all the laws,
norms, rules, regulations, guidelines issued by competent authority etc. and is
renowned for transparent and law abiding-ness working culture throughout the
India.
It is
submitted that PVR appreciates the intention of legislature in framing such a
welfare law favouring a large number of people with disabilities in India and
is fully conscious of its duty and for that purpose, is fully committed in the
service of all of its patrons irrespective of their class or condition whatsoever.
With specific reference to people with disabilities, PVR has hired Ms Sangeeta
Robinson as Head of Sustainability & Inclusivity to make our cinemas
accessible not only for people on wheelchair but also those with Hearing and
Vision Impairment; thereby surpassing the accessibility requirements in our
country and meeting those of developed nations. In her meeting with your
goodself on 26th of June 2018, we understand she has apprised you
about the facts regarding PVR’s Accessibility roll-out plan from July to
December 2018 having the following three components:
1. Wheel
Chair access
2. Closed
captioning for Hearing impaired
3. Audio
Description for Vision impaired
In
addition, she has also shared with you how we are making it easier for patrons
with disability to discover wheel-chair friendly cinemas form our website,
mobile app and box office so that they get seats most suitable for them. We are making concerted efforts to even work
with Civil society to make our website accessible for our differently abled
patrons.
It is
further submitted that the information as has been desired in the captioned
letter is as follows:
|
S.No.
|
Name of Cinema
|
Accessibility
|
Date by which it is
planned to be made accessible
|
Remarks
|
|
1.
|
PVR Anupam
|
1 of 3 Audis
|
July end
|
|
|
2.
|
PVR Select
City Walk
|
All 6 Audis
will have accessible
|
July end
|
|
|
3.
|
PVR Rivoli
|
1 of 2 Audis
|
October end
|
|
|
4.
|
PVR Plaza
|
1 of 1 Audi
|
October end
|
|
|
5.
|
PVR Pacific
Mall, Subhash Nagar
|
All 6 Audis
|
October end
|
|
|
6.
|
PVR Prashant
Vihar
|
|
Before April
2022
|
|
|
7.
|
DT Cinema
Shalimar Bagh
|
All 4 Audis
|
July end
|
|
|
8.
|
PVR Chanakya
|
|
Before April 2022
|
|
|
9.
|
PVR 3C’s Lajpat Nagar
|
|
Before April 2019
|
|
|
10.
|
PVR Vikaspuri
|
|
Before April 2019
|
|
|
11.
|
PVR Sangam
|
2 of 2 Audis
|
July end
|
|
|
12.
|
PVR Directors Cut
|
|
Before April 2022
|
|
|
13.
|
PVR Priya, Vasant Vihar
|
|
Before April 2022
|
|
|
14.
|
DT Cinema, Vasant Kunj
|
4 of 7 Audis
|
July end
|
|
In the
interim period, for cinemas that have stairs at the entrance, we have purchased
Step Climbers and in some we are even installing stair lifts.
It is
further stated and submitted that PVR provides all kinds of assistance to all
its patrons irrespective of the categories they belong to, specifically to
those with different abilities as is apparent form the details given above.
We will feel obliged to give any
further clarification, if required.
Thanking
you,
Yours
sincerely,
For
PVR Limited
Authorised
Signatory”
8. While action taken report was still
awaited, a hearing was scheduled on 27.03.2019.
Sh. Krishan Mohan, EE(R-IV) Civil, NDMC, who appeared on behalf of
respondent No.1, submitted that a copy of the notice was received by him only
on 26.03.2019 and therefore written status report would not be submitted.
9. Ms. Sangeeta Robinson, Head,
sustainability & inclusion, PVR Ltd. submitted that the time lines
indicated in their reply dated 05.07.2018 for making the PVRs accessible are
the outer limits. All efforts are being
made to complete the work before the dates indicated therein. With regard to the PVR Chanakya, access to
all the AUDIs has been provided from the exit route where lift is available. The following seats are accessible for wheel
chair users and will be marked with relevant disability icons by 15th
April, 2019:-
AUDI-1 - P-1&2, Q-1&2
AUDI-2 - R-1&2, Q-1&2
AUDI-3 - R-1&2, Q-1&2
10. She also stated that they are ensuring
reservation of one space for wheel chair users out of 100 seats in accordance
with table 4.1 of the Harmonised Guidelines and Space Standards for Barrier
Free Environment for Persons with Disabilities and Elderly Persons issued by
Ministry of Urban Development.
11. From the submissions made by the parties,
the following important points have emerged :
(i) Omission of the requirement of barrier free features to all the
facilities in the building plan that was prepared for PVR by the architect;
(ii) Overlooking of accessibility requirements while examining and
approving the building plan by the architect of NDMC; and
(iii) Issue of completion certificate and permission to take occupation
of the building by the NDMC without ensuring complaisance with the
accessibility standards.
12. The PVR was renovated in 2016 and completed
in June, 2017 and at each of the above stages, the important requirement of
inaccessibility to a portion of the PVR was ignored despite the fact that Section
44 of the Act provides for mandatory observance of accessibility norms which is
reproduced below:-
“Section 44-(1)
No establishment shall be granted permission to build any structure if the
building plan does not adhere to the rules formulated by the Central Government
under Section 40.
(2) No establishment shall be
issued a certificate of completion or allowed to take occupation of a building
unless it has adhered to the rules formulated by the Central Government.”
13. In the circumstances, the following
recommendations are made:
(i) Chairman, NDMC should make necessary arrangements for creating
awareness about the provisions of the Act and the Harmonised Guidelines and
Space Standards for Barrier Free Environment for Persons with Disabilities and
Elderly Persons issued by Ministry of Urban Development.
(ii) Take steps for capacity building of the concerned architects/ engineers/functionaries
to ensure that no structure is constructed without adhering to the accessibility
standards. This court has already made
detailed recommendations in this regard among other things, in Suo-Motu Case No.4/1665/2017-Wel/CD
in which NDMC is one of the 14 respondents.
(iii) Issue instructions for strict compliance of the guidelines and
provisions of the Act and to bring to the notice of all concerned that
contravention of any provision of the Act or the Rules/Regulations made
thereunder is punishable under the Act and the fine may extend to Rs.5 lakhs.
(iv) Respondent No.2 shall intimate this court soon after the PVRs
are made fully accessible as per the action plan submitted vide letter dated
05.07.2018.
14. Action taken on the above recommendations be
intimated to this court within 3 months from the date of receipt of this order
as mandated under Section 81 of the Act.
15. The matter is disposed of with the above
recommendations.
16. Given under my hand and seal of the Court this 29th
day of March, 2019.
(T.D.
Dhariyal)
State Commissioner for Persons with Disabilities
