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.
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case
No. 4/967/2015-Wel./CD/6183-86A Dated: 16.03.2018
In the
matter of:
Dr. Satendra Singh,
Coordinator Enabling Unit,
University of Delhi,
Guru Teg Bahadur Hospital,
New Delhi-110095. .………
Complainant
Versus
The Hon.General Secretary/ President,
Delhi & District Cricket Association,
Ferozshah Kotla Ground,
New Delhi-110002. …...…Respondent
ORDER
The above named
complainant, a person with 70% locomotor disability vide his complaint dated
29.04.2015 submitted that the Feroz Shah
Kotla Cricket Stadium is not accessible for persons with disabilities. They cannot enjoy equal access to
entertainment, recreation and leisure. The
complainant also submitted that he could not watch IPL T20 and other cricket matches to be held at that
venue. He specifically pointed out that
the stadium has huge steps without side railings, there is no separate queue
for spectators with disabilities and there are no reserved parking, seats and
accessible toilets. He made the
following suggestions :
(i)
Reserve seats for people with disabilities in
the stadium. These seats should be
wheelchair accessible as well. The
companion seat should be given so that people with disabilities are not
isolated from other spectators or their friends or family.
(ii)
There should be reserved accessible parking for
people with disabilities close to the entrance gate or a special gate should be
earmarked.
(iii)
The path to the stadium and seat should be
accessible so that even a wheelchair user can move independently. Access routes should be either levelled or
have the shallowest possible gradient.
Any route or part of a route steeper than 1:20 should conform to the
recommendations for ramped access.
(iv)
The toilets should be made accessible.
(v)
There should be lift to reach all vertical levels
and ramped access for horizontal access.
(vi)
A dedicated officer should be assigned to look
into any problem a spectator with
disability may have during the duration of the match and his contact number
should be given on all reserved tickets allotted for spectators with
disabilities.
(vii)
Exit should be separate for spectators with
disabilities
2. The complaint was taken up with the Chief
Administrator, Delhi and District Cricket Association (DDCA) vide communication dated 01.05.2015 with the
directions to submit comments.
3. The respondent vide reply dated 20.05.2015 and 08.02.2015
submitted that the DDCA is a
Company registered under the Companies Act 1956. Hence the complaint was not maintainable. It was neither Govt./State nor Local
Authority as held by the Hon’ble Supreme court in the matter of Dalco Engineering
Private Ltd. Vs Shree Satish Prabhakar Padhye and Others (2010). The respondent further submitted that despite
being a Private Company it has made suitable arrangements for convenience of
persons with disabilities. However, at any given point of time in a match
atleast 35000 spectators occupy the ground / stands. Consequently, it becomes difficult to manage the affairs. Sufficient temporary arrangements for
disabled friendly toilets are also made during the matches. However, the entire premises cannot be made
disabled friendly due to financial and other constraints.
4. The then Chief Administrator Sh.
Pradeep Kr. Banerjee vide his letter dated 12.10.2015 also submitted that he is a mere employee of
the DDCA and only the Director of the Company or the President / General
Secretary of DDCA would be in a position
to represent the DDCA. Therefore, a number of communications were also
addressed to the Director, DDCA and subsequently to Joint Secretary/President,
DDCA.
5. The then Commissioner for Persons
with Disabilities also heard the parties on 24.06.2015, 10.08.2015, 05.10.2015,
and 09.11.2015. As there were no updates, the summons to appear U/S 82 of the Rights
of Persons with Disabilities Act (the Act) which came into force w.e.f. 19th
April, 20017 was issued on 23.10.2017. In the said summons, the attention of the
respondent was drawn to Section 46 of the Act which provides that the service provider whether
Government or private shall provide services in accordance with the rules on
accessibility formulated by the Central Govt. under Section 40 within a period
of two years from the date of notification of such rules. It was also brought to the notice of the
respondent that the Rule 15 of the Rights of Persons with Disabilities Rules, 2017 notified by Ministry of Social Justice
and Empowerment (Department of Empowerment of Persons with Disabilities) vide
notification dated 15.06.2017, provides
that the standard for public buildings as specified in the ‘Harmonised
Guidelines and Space Standards for Barrier Free Built Environment for Persons
with Disabilities and Elderly persons’ as issued by the Govt. of India,
Ministry of Urban Development in 2016
shall be complied by every establishment. The matter was scheduled for hearing
on 14.11.2017.
6. Although the main Counsel Sh. Saurabh Chadda was not available during
the hearing, in view of the fact that the case was pending since May 2015, the
respondent was advised that an access audit of the stadium by persons who are
trained in Access Audit should be conducted to begin with. All
provisions that are necessary to enable persons with disabilities to
access the stadium and other facilities in accordance with the guidelines
notified by the Department of Empowerment of Persons with Disabilities should
be made accessible to persons with disabilities.
7. On the next date of hearing on
11.01.2018, the main Counsel of the
respondent was again not available. Vide
RoP dated 12.01.2018 in view of mandatory provisions of the Act on the subject,
the respondent was directed to take immediate action to conduct an
accessibility audit of the stadium and submit a report by 25.01.2018 and the matter
was scheduled for hearing on 08.02.2018.
8. On 08.02.2018, Sh. Rohit Bhagat Proxy
Counsel of the respondent submitted that an affidavit of compliance of the directions vide
Record of Proceedings dated 11.01.2018 had been prepared but the same was
awaiting signature of the authorised officer in DDCA. The affidavit would be filed in a few days.
9. The complainant who was heard on telephone
suggested that a joint visit of the stadium by him, Civil Engineer and a
representative of this Court should be organised to ensure that provisions of
appropriate facilities for persons with disabilities are as per the prescribed
standards.
10. The respondent was directed to arrange a visit of the stadium by a
Team comprising the complainant, who has experiential knowledge of Access Audit
besides bring a person with disability, the concerned Civil Engineer of DDCA
and other officials as deemed fit and an officer from this court on any
mutually convenient date between 15.02.2018 and 28.02.2018. The team would submit its recommendations for
provision of appropriate facilities. It was also suggested that DDCA could consider
making Feroz Shah Kotla Stadium as a Model Accessible Stadium for persons with
disabilities in Delhi. Inputs from the ‘Guide
Book on Creating Sporting & Recreational Activities for Persons with
Disabilities’ published by the Office of Chief Commissioner for Persons with
Disabilities in 2007 would also be taken. It was however, made clear that this suggestion
should not delay the process of implementing the current proposals of the
respondent to make the stadium accessible.
11. The respondent vide affidavit
of compliance dated 21.02.2018 inter-alia submitted as under:
“(i) That in compliance of the above said
order dated 11.01.2017 immediate directions were given to Sh Ajay Kumar
Chaurassia, Civil Engineer of DDCA by the Hon’ble Justice (Retd.) Vikramjit Sen,
who is presently the Court appointed Administrator of the respondent DDCA, to
conduct an audit of the Feroz Shah Kotla Ground. Furthermore, Chief Engineer was instructed to
give his proposals regarding the subject herein and submit a report
immediately. The same is produced in the
following paras.
(ii)
That
it is submitted in this regard that construction of the toilets for the
Disabled persons and installations of railing for the ramp exits has been
completed and is well maintained in the Hill A area, whereas in relation to
Hill B area construction work of toilet for the handicapped, grab bar in toilet
and installations of railing for the ramp is under process.
(iii)
That
construction of seating area at the ground floor of East as well as of West
stand for the Disabled persons has been proposed having fully furnished
facilities which includes proper barricading along with ramp and overall
capacity of 50 persons each stand.
(iv)
That
appointment of the volunteers to assist the physically handicapped
persons/spectators during the time of a match/event and to escort them to these
stands is proposed.
(v)
That
in addition to the above it is also proposed to allocate some points inside as
well as outside the premises of the Feroz Shah Kotla Stadium from where
handicapped persons can be picked up by a vehicle from the respective stands
and dropped at the stadium gate”.
12. The respondent organised an access
audit of the stadium on 27.02.2018, by an Access Audit Team comprising of the
complainant, a Civil Engineer & an Architect of DDCA and two functionaries
of this Court. The Access Audit
Committee has submitted its report with its recommendations.
13. It will be in the fitness of things for
this Court to also incorporate in this order, the specific provisions in the
Act to ensure effective participation in sporting activities of the persons
with disabilities for which accessibility of stadia and all other sports
facilities is pre-requisite. The relevant
sections are Section 30 and Section 47(1)(e) which are reproduced below:
Section 30:
“(1)The appropriate Government shall take
measures to ensure effective participation in sporting activities of the
persons with disabilities.
(2) The sports authorities shall accord
due recognition to the right of persons with disabilities to participate in
sports and shall make due provisions for the inclusion of persons with
disabilities in their schemes and programmes for the promotion and development
of sporting talents.
(3) Without prejudice to the provisions
contained in sub-sections (1) and (2), the appropriate Government and the
sports authorities shall take measures to,—
(a) restructure courses and programmes to
ensure access, inclusion and participation of persons with disabilities in all
sporting activities;
(b) redesign and support infrastructure
facilities of all sporting activities for persons with disabilities; (c)
develop technology to enhance potential, talent, capacity and ability in
sporting activities of all persons with disabilities;
(d) provide multi-sensory essentials and
features in all sporting activities to ensure effective participation of all
persons with disabilities;
(e) allocate funds for development of
state of art sport facilities for training of persons with disabilities;
(f ) promote and organise disability
specific sporting events for persons with disabilities and also facilitate
awards to the winners and other participants of such sporting events”.
Section 47 (1) (e):
“...................the appropriate Government
shall endeavour to develop human resource for the purposes of this Act and to
that end shall—
....................(e)
conduct training programmes for sports teachers with focus on sports, games,
adventure activities”
14. With a positive approach of DDCA now,
it is expected that the stadium will be made truly accessible to persons with disabilities
to make their rights to participate in sports activities real and on equal
basis with others. It is reiterated that
any support that is possible for this Court, will be extended to make the Feroz
Shah Kotla Stadium a model accessible stadium for persons with disabilities in Delhi
which can be replicated elsewhere in the country.
15. An ATR
be submitted to this Court within three months from the date of receipt
of this Order as required under Section 81 of the Act.
16. Considering that accessibility of
stadia and sports facilities throughout the country is critical for effective
participation in sporting activities of persons with disabilities on equal
basis with others, a copy of this order is being sent to the concerned
Ministries / Departments and other authorities in the Government of India among
others for necessary action as deemed fit and if necessary to support and guide
DDCA in making Feroz Shah Kotla Cricket Stadium a model accessible stadium.
17. The matter is disposed off
accordingly.
18. Given under my hand and the seal of the Court this 16th
day of March, 2018.
(T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
Copy to :
1. Secretary,
Department of Sports, Ministry of Youth Affairs and Sports, Govt. of India,
R.No. 3, C-Wing, Shastri Bhawan, New Delhi.
2. Secretary,
Department of Empowerment of Persons with Disabilities, Ministry of Social Justice & Empowerment, 5th Floor
Paryavaran Bhawan, CGO Complex, Lodhi Road,
New Delhi-110003.
3. Secretary,
Social Welfare Department, GNCT of Delhi, Delhi Gate, New Delhi.
