Right vs reality: India’s accessibility challenge

Public infrastructure that alienates persons with disabilities robs them of their independence

In a country where laws promise accessibility for all, particularly persons with disabilities, finding a truly ‘accessible’ public space feels like spotting a unicorn – rare and magical. Despite legal frameworks like the Rights of Persons with Disabilities (RPwD) Act, 2016, and initiatives such as the Accessible India Campaign, the reality on the ground often resembles an obstacle course rather than a step toward inclusivity. A recent judgement by the Supreme Court has recognised accessibility for persons with disability as a fundamental right as well as a human right. Yet, most public spaces, including essential facilities like public toilets, continue to pose significant challenges for persons with disabilities (PwDs).

The judgement reinforces that accessibility is not merely a convenience but a fundamental requirement for enabling PwDs to exercise their rights in an equal manner. It resonates with the fact that inaccessibility represents more than just an inconvenience; it’s also a denial of dignity and freedom. The recent 9th Annual Stakeholders Consultation on Children with Disabilities brought sharp focus to accessibility as a critical enabler of inclusion. When public infrastructure fails to accommodate PwDs, it effectively marginalises an entire community and robs them of their independence.

A recent study conducted in Bengaluru casts a stark light on the situation, revealing that most public toilets in the city don’t just miss the mark on accessibility, they seem to ignore it entirely. The study investigated 65 public toilets in Bengaluru, out of which only 14 had a separate stall for PwDs. Seven of these 14 toilets designated for PwDs were found locked, forcing an intending user to make a series of frustrating inquiries and locate the appropriate staff member who is authorised to unlock these facilities.

The study also revealed that compliance with accessibility requirements may result in the designation of toilets for PwDs, without making any changes to the space. The irony is that while the signage (which shows a wheelchair user) placed atop the toilet may indicate “For Persons with Disabilities”, the constricted and confined space which makes it even impossible for wheelchair users to enter the toilet screams “Not for You”.

At one location, the toilet delineated for PwDs was used as a store room. These instances of neglect and disregard for the needs of PwDs demonstrate a troubling lack of respect and highlight the urgent need for improved accessibility measures in public facilities.

Most public toilets remain inaccessible despite the laws and policies supposedly designed to improve this. These spaces lack necessities like ramps, railings, and spacious cubicles that facilitate wheelchair movement. Ramps, for instance, seem designed more for stunts than for stability, with slopes too steep or too narrow. Narrow doors and a lack of turning space within the facilities make them impractical, if not impossible, to use.

Public toilets represent a fundamental human need and are essential to ensure dignity, and well-being for all members of society in their daily lives. Ableist norms influence the design of city spaces, including public toilets. The lack of accessibility features renders the most fundamental public services like public toilets unusable by PwDs.

Accessibility is the cornerstone of an inclusive society, empowering PwDs to lead lives marked by dignity, independence, and equal opportunity. This recognition in the recent Supreme Court judgement upholds the spirit of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), mirrored in the RPwD Act. By dismantling barriers, societies tap into the potential of all their members, fostering equality and driving sustainable development. Embedding ‘accessibility’ into public policy and private sector practices benefits society at large by fostering a more equitable and functional environment for all citizens. Such an approach is vital for realising the true spirit of inclusion. Ignoring accessibility, on the other hand, entrenches marginalisation and systemic inequality, denying millions their freedom and opportunities. Accessible environments are not just inclusive – they are transformative, paving the way for a truly equitable world.

Special requirement or fundamental need?

Design and construction of public spaces adhere to an ableist norm, ignoring the needs of PwDs, the elderly, or anyone who might require assistance. The lack of foresight in planning and execution leaves PwDs excluded from basic public services. The lack of accessible infrastructure is not mere negligence but an institutional blind spot towards the needs of individuals with disabilities. The solution isn’t merely about installing a few ramps or adding some tactile markings. It’s about building cities and spaces with universal design principles in mind from the outset.

When it comes to disability rights, India’s laws do look promising on paper. The RPwD Act, in alignment with the UNCRPD, enshrines accessibility as a legal obligation. The Convention also stresses that accessibility is a prerequisite for exercising other rights and obligates states to adopt universal design principles while ensuring reasonable accommodation for individuals with specific needs.

Despite the legal commitments, accessibility is viewed as a “special requirement” rather than a fundamental need. Seen as an add-on rather than a requirement, it’s easy to relegate it to a corner of the urban planning process. As a result, designs for accessible public infrastructure feel like an afterthought – a compromise rather than a standard.

The recent judgement reminded planners and policymakers that accessibility isn’t a bonus feature; it’s a necessity. It’s not just about building more – it’s about ensuring that what’s built truly serves everyone.

(Meghna is an Assistant Professor, and Sandhyashree is a BA LLB student at the School of Law, RV University)