Case Summary:
Accessibility in Schools : Court
took suo-motu cognizance of a complaint submitted by email highlighting
accessibility issues in government schools of Delhi-NCT, and asked respondents
to submit comments and status of accessibility in schools. The respondents
submitted their assessments, but the Court rules that the information made
available to it was not adequate to assess the status of barrier free access.
Recommendations:
Court advised that accessibility audits should be done as per prescribed
guidelines under SSA or IEDSS and submitted to the Court as well as all
relevant authorities for monitoring of action plans. Court also advised that
the Directorate of Education may prepare a concise handbook detailing these
standards, for the reference of the schools. The audits should be done by teams
of trained experts comprising of wheelchair user, person with visual/hearing
impairment and an Architect or Civil Engineer, and necessary modifications are
to be done as per this audit. Secretary, PWD to issue necessary directions to
concerned engineers/architects on the matter. All schools including private
schools are to undergo accessibility modifications as per the Right of Persons
with Disabilities Act 2016.
Rules/Acts/Orders: Rights of Persons with Disabilities Act, 2016
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. 4/1424/2016-Wel/CD/ 635-644 Dated:
05.06.2017
In
the matter of:
Suo-Motu
.……… Complainant
Versus
The Director,
Directorate of Education,
Old Secretariat,
New Delhi-110054. …...…Respondent No.1
The
Commissioner,
North
Delhi Municipal Corporation,
4th
Floor, Dr. S.P.M. Civic Centre,
J.L.N.
Marg, New Delhi-110002. ...........Respondent
No.2
The
Commissioner,
East
Delhi Municipal Corporation,
419,
Udyog Sadan, Patparganj
Industrial
Area, Delhi-110096.
........Respondent No.3.
The
Commissioner,
South
Delhi Municipal Corpn.,
9th
Floor, Dr. SPM Civic Centre,
J.L.N.
Marg, New Delhi-110002.
.......Respondent No.4
The
Chairperson,
New
Delhi Municipal Council,
Palika
Kendra, Parliament Street,
New
Delhi-110001.
........Respondent No.5
Case No.
4/1067/2015-Wel/CD
In the
matter of :
Sh. Diwakar Pathak ........ Complainant
128, D-Block,
Sector-18, Rohini, Delhi-110089
Versus
The Director,
Directorate of Education,
Old Secretariat,
New Delhi-110054. …...…Respondent
Date of hearing: 22.05.2017
Present Sh. A.K. Goel,
Dy.Director, Sh. V.P. Singh, OSD(L&E) and Dr. Mukesh Chand, DEO/OSD(IEDSS)
on behalf of Respondent No.1.
ORDER
1 Sh. Brajesh Kumar vide an email dated
26.09.2016 highlighted certain issues relating to barrier free access for
persons with disabilities in the Govt. schools of NCT of Delhi without
mentioning his address. He also drew
the attention of the Commissioner for Persons with Disabilities to case No. 4/1065/2015-Wel/CD filed by Sh.
Diwakar Pathak regarding issues concerning persons with disabilities in Govt.
Boys Sr. Secondary School, Badli.
2. Taking Suo-Motu cognizance of the
said email, the matter was taken up with the Commissioners of North Delhi
Municipal Corporation, South Delhi Municipal Corporation, East Delhi Municipal
Corporation, New Delhi Municipal Council and Directorate of Education vide
communication dated 07.10.2016. The
respondents were advised to submit their comments and the status with regard to
disabled friendly environment in the schools under their control.
3. New Delhi Municipal Council vide
letter dated 14.12.2016 submitted a detailed chart indicating the status of
various facilities in its 50 schools which indicates that not all the
facilities as prescribed are available in all the schools.
4. South Delhi Municipal Corporation
vide letter dated 15.12.2016 intimated that out of 21 of its 581 schools have ramps and western
commode seats for children with special needs toilets and schools, 21 were
under construction. They also informed
that the Special Assessment Camps are being organised every year, Special
Educators are available to attend the children with special needs and provision of
equipment and materials are ensured.
In the year 2016-17, para sports were introduced for children with
special needs and competitions were organised at zonal level.
5. The East Delhi Municipal
Corporation also informed vide letter 01.12.2016 that in most of its schools ramps and other
facilities are being provided.
6. As the information from
Directorate of Education had not been
received, a hearing was scheduled on 25.04.2017 and another hearing was held on
22.05.2017.
7. On 22.05.2017, the
representatives of the respondent submitted a written statement dated
19.05.2017 of Special Director (Education), as per which Govt. of NCT of Delhi
is currently running 1029 Govt. Schools functioning from 729 buildings (in
morning and evening shifts). 48
buildings do not have ramps and 39 are lacking in disabled friendly toilets.
The Public Works Department has already provided the list of those schools for
construction of ramps and toilets in the said schools. All the Head of Schools have also been directed
to ensure the provisions of accessibility facilities like hand rails, grab bars
sitting arrangements, lighting etc.
8. In the email dated 26.09.2016, it
was also pointed out that some of the issues raised by Sh. Diwakar Pathak in
case No. 4/1067/2015-Wel-CD remained unresolved. In that complaint Sh. Diwakar Pathak had
brought out various issues inter-alia concerning the physical accessibility of
the Govt. Boys Senior Secondary School (GBSSS) Badli. On 19.07.2016, Shri Diwakar Pathak submitted
a written statement to the effect that the facilities of modified toilets, etc.
ramps had been provided to persons with disabilities in the school and he was
thankful for the facilities and sensitivity to persons with disabilities. Vice-Principal of the school also submitted
the action taken report on providing access for students of different classes
and Special Educators. An inspection of
the Govt. Boys Senior Secondary School, Badli was carried out on 04.05.2017
through the Welfare Officers of the Office of the State Commissioner for
Persons with Disabilities. As per their report some of the facilities like..... are not according to the prescribed
standards.
9. The information that has been
made available at this stage is not adequate to assess the status of barrier
free access to the physical environment in the Govt. schools of the national
capital. For a better appreciation, accessibility audit of atleast a sample
school across the national capital territory under the control of the
Government and the local authorities should be done The access audits should be
done with reference to the prescribed guidelines under Sarva Shiksha Abhiyan
(SSA)
/ Inclusive Education for the Disabled at
Secondary Stage (IEDSS). The standards for various components such as ramps,
hand rails, doors, door handles, water taps, toilets, sitting and lighting
arrangements, placement of the black board, position of electric panels, access
to library, laboratory, assembly place / auditorium etc. prescribed by Ministry
of Urban Development, Govt. of India in their publication of February, 2016
entitled ‘Harmonised Guidelines for
Space Standards for Barrier Free Built Environment for Persons with Disability
and Elderly Persons’.
10. Ministry of Human Resource
Development have uploaded the guidelines for barrier free access to children
with special needs to physical environment as well as to curriculum, teaching
learning, process under SSA. Those
guidelines also contain disability category specific guidelines. The general guidelines with regard to access
to physical environment for example, are
as under:-
· The path from the gate to the school buildings and playground must be clear levelled.· All entrances and doorways in the school buildings should be between minimum 4’ to 5’ feet wide.· The toilet inside the school should be accessible to CWSN. The toilet should be fitted with commode and grab-rails.· The drinking water outlet should be accessible to CWSN also avoid sharp turns in the walkways. · The walkway must be clear of any hung and protruding obstructions such aswindows, lights, low branches, flower pots and sign posts etc.· A handrail should be provided at any dangerous point in the walkway. Guardrails and kerbs are a must in situations where there is a sudden change in the level of height including stairs and verandah. · The ends of the handrails should be bent downwards to avoid injury.· Steps should be of equal and even heights.· Bright colours (preferably yellow) should be used at every change in slope, at the beginning and ending of a staircase for easy recognition.· All signages should be in print, visuals and Braille at the readable height (min 3 ft) of the children. · All the surfaces should be non-slip, and loose gravel or cobbles should be avoided.· Natural lighting should be optimized. There should be enough windows to allow adequate ventilation and lighting. · Safety of all children should be ensured by provision of hazard free environment (broken window panes, broken steps, broken fixture and furniture, unsafe ceilings, etc).· The school/ classroom design should allow the teacher to be able to pay personal attention to the child, including effective positioning and placement, keeping in mind the individual needs of CWSN.
11. The above guidelines can be
accessed from the link
ssa/nic.in/inclusive-education/guidelines/bfa%20guidelines. Pdf/act..../file.
12. It appears that the above
guidelines were framed much before the guidelines of February 2016 published by
the Ministry of Urban Development. Therefore, it is recommended that the
Directorate of Education may prepare a concise Hand Book of barrier free access
guidelines containing the essential components for barrier free access to
children with special needs indicating their measurements where required, in
accordance with the standards prescribed by
Ministry of Urban Development.
The Hand Book should be available
in every school and its library so that
any construction or retro-fitting that is
undertaken by any agency within the school premises complies with the
prescribed guidelines and standards under the close supervision of the
concerned Principal/HOS who should also be made accountable alongwith the
construction agency. Compliance with the guidelines and standards should be
part of construction process and be linked to certificate of completion of the
work and payment thereof.
13. In the light of the position
brought out above, the following recommendations are made:-
(i) Directorate of Education, GNCT of Delhi should develop a Hand Book of barrier free access for children with special needs to schools detailed in Para 12 above and make it available to all its HOS and the libraries. A ready to print soft copy of the Hand Book may be provided to all the private schools under Directorate of Education, GNCTD and Commissioners of the three Municipal Corporations in Delhi, New Delhi Municipal Council and C.E.O of Delhi Cantonment Board for printing and use in their respective schools.
(ii) Directorate of Education and all the other authorities, private schools mentioned in sub-para (i), should conduct accessibility audit of some of their schools in each zone as sample including the GBSSS, Badli through the Accessibility Audit Teams comprising of trained experts, preferably a wheel chair user, a person with visual /hearing impairment, an architect or civil engineer within three months from the date of receipt of this order.
(iii) Based on an objective analysis of the access audit reports, get the necessary modifications and retro-fittings done in the audited schools which can serve as model barrier free school for replication or even training.
(iv) Modify rest of the schools including the school that fall under the definition of a school in terms of Section 2(n) of the Right of Children to Free and Compulsory Education Act, 2009 under each authority in the GNCTD including private schools as per an action plan for each school agreed to by the concerned authority. Section 16(ii) and (iii) of the Rights of Persons with Disabilities Act, 2016 which has come into force w.e.f. 19.04.2017 also mandates that all educational institutions funded and recognised by the appropriate government and local authorities shall make buildings, campus and various facilities accessible and provide reasonable accommodation according to the individuals requirements.
(v) The soft copies of the access audit reports referred to the sub-para (ii) above and the action plan for modification of the schools under Directorate of Education, GNCTD, South Delhi Municipal Corporation, North Delhi Municipal Corporation, East Delhi Municipal Corporation, New Delhi Municipal Council and Delhi Cantonment Board be submitted to this Court as soon as these are ready so that the implementation of the action plans can be monitored.
14. As the representatives of the
respondent informed during the hearing on 22.05.2017 that the construction work
of new schools, renovation / retro-fittings
etc. are carried out through the
Public Works Department, GNCT of Delhi, DTTDC and Irrigation and Flood Control
Department etc. Copy of this order is
being forwarded to the Secretary, PWD, Chairman, DTTDC and Chief Engineer,
Irrigation and Flood Control Deptt.
15. Secretary,
PWD is requested to issue necessary directions to concerned authorities for
deputing the concerned engineers /architects for the purpose of carrying out
the accessibility audit of the schools.
The matter is disposed of accordingly.
Given under my hand and the seal of the
Court this 05th day of June, 2017.
(T.D. Dhariyal )
State
Commissioner for Persons with Disabilities
