Rahul Bajaj is a practising lawyer with expertise in disability rights and IP law, and is co-founder of Mission Accessibility. He wears more hats than he can himself sometimes count.
Credit: DH Illustration
As India celebrates its 75th Republic Day, it is a good opportunity to reflect on the health of our democracy. A crucial metric for assessing any democracy is how it treats its marginalised populations, including persons with disabilities (PwDs). Accessibility, a seemingly technical issue, lies at the heart of this assessment; it is a vital precondition for the enjoyment of rights by PwDs. When a building lacks a ramp, a movie does not have audio descriptions, or a government document is not provided in an accessible format, it denies individuals with disabilities the opportunity to exercise their rights to equality, participation and dignity. Inaccessibility is not merely an inconvenience; it is an erosion of fundamental rights.
Last week, I visited Odisha to facilitate a workshop organised by the Odisha State Commissioner for Persons with Disabilities (SCPD) in collaboration with the Vidhi Centre for Legal Policy and Mission Accessibility – two organisations with which I am affiliated. The workshop focused on two critical areas: access to justice and the accessibility of public buildings in Odisha. These discussions underscored the importance of moving beyond broad principles to address the finer details that shape accessibility in practice.
When we talk about accessible public spaces, it is tempting to frame the issue purely as a human rights obligation. While this is true, achieving accessibility is far from straightforward. A complex interplay of laws, standards, and engineering underpins the creation of accessible buildings. For instance, central laws like the Rights of Persons with Disabilities Act, 2016 and the Harmonised Guidelines and Standards for Universal Accessibility in India, 2021, often need to align with municipal by-laws to ensure practical implementation. The gradient of a ramp, the width of a doorway and the design of tactile paths for visually impaired individuals are technical details that determine whether a building truly serves everyone.
This is where the contributions of civil engineers, architects, and urban planners become indispensable. These professionals translate principles of accessibility into tangible, usable spaces. They must make sure that every building plan is conceptualised with an eye to end-to-end accessibility in mind; that this is clearly mandated in procurement tenders; and that this does not get lost in translation as the construction of a public building involves the participation of several vital intermediaries. Otherwise, accessibility risks remain aspirational rather than actionable.
Odisha, a state celebrated for its tourism and rich religious heritage, faces unique accessibility challenges. It houses around 12.4 lakh PwDs, as per the 2011 census. In a case before the Odisha High Court, a litigant with 100% locomotor disability, Jitendra Biswal, sought dignified access to the Jagannath Temple. The issue is not just about installing ramps or lifts; it also involves navigating deeply rooted religious sensitivities, such as the prohibition on not having a ramp facing an idol directly. Striking a balance between tradition and accessibility is no easy task, but it is necessary to ensure equal participation for all devotees.
At the same time, Odisha must also ensure that new tourist attractions and infrastructure are “born accessible” rather than retrofitted later. Retrofitting is often more expensive and less effective than incorporating accessibility at the design stage. The state’s future as a global tourism hub hinges on making its iconic destinations welcoming to all.
This principle – of being “born accessible” – must extend beyond Odisha. Each state has its unique challenges, whether they stem from its geography, culture, or existing infrastructure. A one-size-fits-all approach cannot work. To create a truly accessible India, we must address these nuances while adhering to universal accessibility principles.
As India strives to strengthen its democracy in its 75th year, making our public buildings accessible is not just a matter of compliance but a reflection of our commitment to inclusion and equality. The task before us is not glamorous, but it is foundational. By focusing on the minutiae – ramp gradients, doorway widths, tactile pathways – we move closer to realising the vision of an inclusive India that reflects the best of our democratic ideals. Let us seize this Republic Day as a call to action, moving from lofty ideals to actionable steps. An accessible India is not just a gift to our disabled citizens but a testament to the strength of our democracy.