Case Summary:
Accessibility: Complainant
brought to notice certain deficiencies in accessibility in GTB hospital, and
that no action has been taken despite his complaints to various authorities.
Following communications with Respondent No. 2 beginning on 22.07.2015, the
Respondent submitted that alterations and solutions were being made to all of
the deficiencies pointed out by the Complainant. Complainant on 03.08.15
informed that he had not gotten any updates on his case. On 26.08.16
Respondents submitted that the work on the life was ongoing and that the work
on making the toilets more accessible has already been completed.
Recommendations: Court
noted that the Complainant has been asking for basic accessibility features in
the hospital since 2012 and that it should have received serious attention much
sooner. Respondent No. 1 is advised to complete left installation within 3
months of order receipt. Respondent No. 2 is advised to conduct an
accessibility audit of the hospital and facilities and submit the report to the
court within one month of the order, and take action to implement audit
recommendations within three months thereafter.
Order / Judgement:
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No. 4/1039/2015-Wel./CD/ 625-627 Dated:
31.05.2017
In
the matter of:
Dr. Satendra Singh,
Coordinator Enabling Unit,
University of Delhi,
Guru Teg Bahadur Hospital,
New Delhi-110095. .………
Complainant
Versus
The Chief Engineer (Health Maintenance Zone)
Public Works Department,
GNCT of Delhi,
2nd Floor, MSO Building ,
I.P. Estate, New Delhi-110002. …...…Respondent No.1.
The Medical Superintendent,
G.T. B. Hospital, Dilshad Garden,
Delhi-110095. ........................Respondent No.2
Date of hearing:
29.05.2017
Present: None for Complainant
and Respondent No. 2.
Sh.Pradeep Sabharwal,
Asstt. Engineer (Elect.) & Sh. A.K. Jain, Asstt. Engineer(Civil) on behalf
of respondent No.1.
ORDER
Dr. Satendra Singh, Asstt.
Professor of Physiology, UCMS & GTB Hospital, University College of Medical
Sciences & Guru Teg Bahadur Hospital (GTBH) who is also a Coordinator,
Enabling Unit, EOC & Chairman, Equality and Diversity Committee brought out
the following issues vide his complaint dated 1st July, 2015:
(i) The Conference Hall of GTB Hospital which also has library on first floor and Medical Education Unit on second floor, is inaccessible as there is no lift.(ii) Canara Bank Branch and Post Office of GTB Hospital are on the first floor, which are not accessible to persons with disabilities, elderly and pregnant women.
(iii) Toilets in Conference Hall need to be made accessible and some toilets need grab bars and to be made wheel chair user friendly.
2. Dr. Satendra Singh, who himself
is a person with locomotor disability further submitted that he has written
countless letters to various authorities including Health Minister in his
capacity as Coordinator of the
Disability Unit but nothing has happened.
3. The complaint was taken up with
the Medical Superintendent, GTB Hospital vide communication dated 22.07.2015
followed by a number of communications. Whereafter,
the case was scheduled for hearing on 09.11.2015. Medical Superintendent, GTB Hospital vide
letter dated 04.11.2015 informed that the administrative approval and
expenditure sanction for providing a lift at the library had been approved on
24.07.2015 and the tender process has been started by the Public Works
Department (PWD). The preliminary
estimate for one Hydraulic lift for persons with disabilities at Canara Bank
and the Post Office has also been sanctioned.
The work of renovation of toilets and library block at each floor of
Conference Hall are also being made accessible for persons with disabilities
including wheel chair users. Work is likely to be completed by the end of 2015. He also informed that the Grab bars have been
fixed in the toilets in the college building.
4. The complainant vide his email
dated 3rd August, 2015 informed that he had not got any update for
his cases and requested that the proceedings may be resumed in this case and
the other two cases bearing No. 4/967/2015 - Dr. Satendra Singh Vs DDCA on
inaccessible Kotla Stadium and Case No.4/838/2014 Dr. Satendra Singh Vs IT and
Health Deptt. on inaccessible websites of hospital of Delhi. This Court sought
the status from the respondent who submitted the following information vide
letter dated 26.08.2016 :
(i) The status with regard to installation of the lift was as intimated vide letter dated 04.11.2015.
(ii) There was a need to shift the Medical Education Unit on the 2nd Floor of Library Block in order to construct the lift.
5. The
status report dated 06.01.2017 signed of Chief Engineer, HMZ, PWD informed that
the work for ‘Providing the structure for lift for Barrier free building under
scheme for implementation of persons with disabilities Act (SIPDA) for UCMS Library
Building and Canara Bank in GTB Hospital, Shahdara, Delhi have been awarded
vide No. 54 (807)/BPD B-221(N) 2016-17/753 dated 08.11.2016 (Civil). The work of lift installation for persons
with disabilities has been awarded vide No. 54(91)/2015-16/764 dated 14.03.2016
(Electrical) and execution of work is in progress and likely to be installed by
30.10.2017.
6. On
29.05.2017, the representatives of Chief Engineer, Health Maintenance Zone(HMZ)
informed that the work relating to the installation of the lifts is under
progress as scheduled. The Department is
taking all steps to complete the work as soon as possible. Rest of the works
like renovation of toilets, making them disabled friendly, etc. have already
been completed.
7. As the complainant has been
asking for basic accessibility features in the hospital since 2012, the same should have received a more
serious attention of the concerned authorities and the action to make the
provisions more expeditiously should have been taken by all concerned. As
the Civil work has been completed and only installation of the lifts for which
order has already been placed, remains respondent No. 1 is advised to complete
the installation of the lifts within three months from the date of receipt of
this order and inform this Court as required under Section 81 of the Rights of
Persons with Disabilities, 2016.
8. Respondent No. 2, i.e. Medical
Superintendent, GTB Hospital is advised to conduct an accessibility audit of
the hospital and the other facilities in the hospital, residential area, etc.
through an Access Audit Team comprising of trained experts, a Civil Engineer /
Architect who should submit the access audit report within one month from the
date of receipt of this order and take appropriate action to implement the
recommendations of access audit team within three months thereafter and submit
the report to this Court.
The matter is disposed of
accordingly.
Given under my hand and the seal of the Court
this 31st day of
May,2017.
(T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
