Rights of Differently Abled Pedestrians

Existing on Paper, Missing on the Ground

Jayanti Jha *

In urban India, 28 per cent of all journeys are undertaken on foot, making walking the predominant mode of transportation¹. Surprisingly, less than 30 per cent of urban roads have footpaths². Recent statistics reveal that pedestrian fatalities constitute 30-40 per cent of total road accident deaths in urban areas. As the number of motor vehicles rises and pedestrian spaces dwindle, safeguarding the rights and well-being of pedestrians on Indian roads becomes imperative. While the journey towards inclusive urban development has been marked by significant strides, challenges persist in ensuring equal access for all citizens.

Among the marginalised groups, persons with disabilities often encounter difficulties in navigating public spaces, particularly as pedestrians. The lack of accessible infrastructure like sidewalks, ramps and tactile pathways, obstructs movement. For instance, the absence of a curb ramp or an uneven sidewalk can force a wheelchair user to retrace movements to find an accessible route. This detour not only magnifies the issue but also increases the energy required to propel a wheelchair compared to walking the same distance. Similarly, individuals with visual impairments may encounter difficulties navigating busy streets without easily locatable crossings or adequate signaling to regulate traffic. A single barrier can disproportionately impact the ability of pedestrians with disabilities to undertake routine trips. Adopting design practices that acknowledge the regular presence of people with disabilities in the walking public can help eliminate many of these challenges.

Accessible India Campaign’

In December 2015, the Department of Empowerment of Persons with Disabilities (DEPwD) launched the ‘Accessible India Campaign’ (Sugamya Bharat Abhiyan) to achieve universal accessibility for Persons with Disabilities (PwDs). Improving accessibility to the built environment and public transport were among the goals of the campaign. Following this, in 2016, the Government of India enacted the Rights of Persons with Disabilities Act (RPDA) which mandates equal rights and opportunities for persons with disabilities. Section 44 of the Act specifically addresses accessibility in the built environment, including roads and transportation.

The RPDA was complemented by signing and ratifying the UN Convention on the Rights of Persons with Disabilities in 2008. Additionally, the Indian Roads Congress (IRC) – which has been granted statutory status in Parisar Sanrakshan Sanwarath Sanstha & Amp; Ors. v. The Pune Municipal Corporation by the Mumbai High Court – has published guidelines related to the design and construction of roads and transportation infrastructure. These guidelines include provisions for creating accessible pathways, ramps, parking, and other facilities for persons with disabilities. Specifically, the guidelines hold that “Pedestrian facilities should provide seamless movement to all road users, including vulnerable road users such as persons with disabilities, caregivers with prams, children and the elderly.” The Bureau of Indian Standards (BIS) has developed standards related to accessibility in public buildings and transportation. Compliance with these standards is essential for ensuring that roads and related infrastructure are disability-friendly.

“A single barrier can disproportionately impact the ability of pedestrians with disabilities to undertake routine trips.
The last stretch of the journey requires either walking to one’s destination or taking a bus, auto, or taxi. This is where the accessibility ends.”

A Sorry State of Affairs

Navigating urban areas on foot in India involves overcoming a multitude of challenges, often requiring individuals to compromise their safety, and sometimes, even their lives. Recognising the importance of disability pedestrian rights is crucial for fostering an inclusive society that accommodates diverse needs. Individuals with mobility impairments utilising assistive devices such as wheelchairs, crutches, canes, walkers, and prosthetic limbs, require thoughtful design adaptations. It is clear what needs to be done, but the reality is far from ideal.

Most cities in India lack proper curb cuts, making it difficult for wheelchair users and those with mobility aids to move freely. Additionally, uneven surfaces, potholes, and inadequate signage pose safety hazards for visually impaired individuals. Despite all the guidelines, a sorry state of affairs exists at the ground level. In Rajive Raturi v. Union of India (2019), the Delhi High Court emphasised the importance of accessible footpaths and pedestrian spaces for persons with disabilities. The court highlighted the duty of the government to ensure barrier-free pedestrian infrastructure, including the provision of ramps, tactile paths, and other facilities to make sidewalks accessible. Furthermore, accessibility to public transportation – which is a key component of disability pedestrian rights – is lacking. The absence of ramps, elevators, and designated spaces within buses and metro systems can make it challenging for individuals with mobility issues to commute independently. In 2012, in Samarthyam v. Union of India, the Delhi High Court addressed issues related to accessibility in the Delhi Metro. The judgment underscored the obligation of public authorities to make public transport systems accessible to persons with disabilities, ensuring barrier-free entry, exit, and movement within metro stations.

Long Way to Go

While the Delhi Metro has incorporated disability-friendly measures – all stations have ramps, tactile pathways, elevators with Braille markings, and many other such facilities – there is a long way to go. The metro is expansive and well-connected, but what happens when one gets off the metro? The last stretch of the journey requires either walking to one’s destination or taking a bus, auto, or taxi. This is where the accessibility ends. Even though the new buses have low floors, and are supposed to be wheelchair friendly, in reality, they are not. Furthermore, there is insensitivity on the part of the bus staff that adds to the plight of the disabled community.

Ineffective Policy Enforcement

The Supreme Court of India, in Disabled Rights Group (DRG) & Anr. v. Union of India (2018), directed the central and state governments to ensure the accessibility of public spaces and transport for persons with disabilities. The court emphasised the need for tactile paths, ramps, and other facilities to be incorporated into urban planning to enhance pedestrian rights for individuals with disabilities. During the same year, in National Platform for the Rights of the Disabled (NPRD) v. Union of India, the issue of discrimination faced by persons with disabilities in the context of accessing public spaces and transportation was looked at. The court reaffirmed the importance of implementing the provisions of the Rights of Persons with Disabilities Act, 2016, to ensure equality and non-discrimination in pedestrian rights. As is evident, improving public transport accessibility is essential to empowering persons with disabilities and enabling their full participation in society. The problem lies in effectively enforcing policies, and there is a need for increased awareness and knowledge of these rights.

Significant Shortcomings

In the 76th round of the National Sample Survey (NSS) in 2018, it was found that 67.1 per cent of persons with disabilities, who had utilised public transport in the year leading up to the survey, encountered challenges in accessing or using it in both urban and rural areas, and even when accompanied by a caregiver. The survey underscored significant shortcomings in the state of public transportation in the country.³ In the same year, the centre directed all national highway owning and maintenance agencies to ensure that pedestrian facilities were provided for the disabled on highways passing through urban areas⁴. Following this, the National Human Rights Commission (NHRC) requested a report from the Ministry of Road Transport and Highways concerning the absence of essential facilities. In response, the ministry instructed relevant agencies to strictly adhere to the IRC guidelines. Over the years, these crucial aspects have been disregarded by authorities, primarily driven by a desire to minimise costs⁵. Unfortunately, governments at both the central and state levels frequently incorporate minimal enhancements in accessibility infrastructure primarily for symbolic gestures and public relations, rather than integrating accessibility into the core principles of good governance or public policy.

The Way Forward

Besides technology, we must be able to offer innovative solutions to address the mobility challenges faced by persons with disabilities. Overlooked yet crucial considerations involve providing sufficient clearance for wheelchair users at crosswalk markings, pedestrian refuges at medians accommodating those with assistive devices, sidewalks with a minimum width of five feet, and sight lines designed with a seated wheelchair user in mind. Pedestrians with visual impairments benefit from straight-line travel paths from the sidewalk edge to the opposite curb. Poorly sighted driveways pose additional challenges as relying on more than one sense is not an option to overcome obscured sight lines. Designers should recognise that individuals with cognitive impairments may struggle with comprehending and navigating unfamiliar or complex environments. Clear and consistent signage becomes especially vital to aid their understanding.

Smart city initiatives can integrate technology to create accessible environments, including adaptive traffic signal systems, smartphone applications for navigation, and assistive devices that enhance the overall pedestrian experience for individuals with disabilities. Some cities in India have started installing Accessible Pedestrian Signals (APS) at traffic intersections. These signals include audible cues that assist visually impaired pedestrians in determining when it is safe to cross the road. APS systems enhance safety and independence for persons with visual impairments. In the long term, improving the accessibility of roads in India for people with disabilities will involve a multi-faceted approach, considering infrastructure, policies, and public awareness. The root of all change must arise from stronger policymaking, stricter monitoring, efficient implementation, and making the general public more aware and sensitive towards the needs of the differently abled.

“Some cities in India have started installing Accessible Pedestrian Signals (APS) at traffic intersections. These signals include audible cues that assist visually impaired pedestrians in determining when it is safe to cross the road.”

Sources to Learn From

India can learn from countries such as Sweden, Japan, the USA, and the United Kingdom that have planned their urban spaces to be inclusive of the needs of the differently abled. Yellow tactile paving is ubiquitous in Japan and auditory cues help facilitate the navigation of individuals with visual impairments. Sweden is also an excellent example of thoughtful inclusive change. Initial efforts included modifying urban infrastructure, such as reconstructing pedestrian crossings and minimising the gap between the curb and buses at bus stops. While these changes were important, they only partially addressed accessibility concerns. A further change was brought about by the e-Adept solution, which empowers citizens with reduced mobility by allowing them to plan walking routes, receive precise navigation guidance, and seek assistance in emergencies through audio-visual cues. This system incorporates downloadable software for mobile phones tailored for the visually impaired, utilising a city map of streets and roads, and a GPS device connected to the mobile phone via Bluetooth.

For India, the next steps must focus on inclusivity, with stress on the principles of universal design, catering to the needs of all users. Existing structures should be modified wherever possible to further enhance accessibility. All public roads can be equipped with smart traffic signals with audible cues, accessible pedestrian signal buttons, and tactile pathways. Mobile applications providing navigation assistance for people with disabilities can be developed. Most importantly, stakeholders need to be involved in this process of change. People with disabilities and disability advocacy organisations must be consulted in the planning and decision-making processes. This will not only help in better feedback but also identify specific challenges and frame relevant solutions.

Endnotes

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