Urgent Appeal for Accessible Infrastructure and Inclusive Policies for Persons with Disabilities, Senior Citizens, Patients, Pregnant Women, and Others in West Bengal – Regarding the Systematic Non-Compliance by Promoters and Developers and the Issuance of Approvals Without Barrier-Free Infrastructure, 

1 view
Skip to first unread message

Twinkle Soni

unread,
Feb 25, 2025, 12:53:49 AMFeb 25
to weth...@googlegroups.com

To:

The Hon. Chief Minister of West Bengal


The Hon. Chief Secretary, Government of West Bengal


The Hon. Principal Secretary,
Department of Urban Development & Municipal Affairs (or relevant department),

Minister - In- Charge, Public Works, Govt. Of West Bengal

Minister - In- Charge, Civil Works, Govt. Of West Bengal


The Hon. Government of West Bengal, India

The Hon Commissioner & Mayor, 
 Municipal Corporation/Municipality of West Bengal

The Chief Architect & Engineers, Municipal Corporation/Municipality of West Bengal

From:
Jitendra Kumar Soni
( Citizen with Disabilities and Representative of Citizens with Disabilities in India)
Address: 49/19, Rabindra Sarani, Opp. Shanti Niketan Hall, Near Jalan Variety Shop,
Rishra, Hooghly, West Bengal - 712248
Mobile: 7439848244 / 7044337707
Email: sonitwi...@gmail.com / divyangf...@gmail.com

Date: February, 19, 2025

Subject:

Urgent Appeal for Accessible Infrastructure and Inclusive Policies for Persons with Disabilities, Senior Citizens, Patients, Pregnant Women, and Others in West Bengal –
Regarding the Systematic Non-Compliance by Promoters and Developers and the Issuance of Approvals Without Barrier-Free Infrastructure, 

Respected Sir/Madam,

I, Jitendra Kumar Soni, on behalf of Divyang Citizens of India and as a concerned representative of citizens with disabilities, hereby submit this complaint petition cum memorandum. We draw your urgent attention to the pervasive and systemic lack of accessible, barrier-free, and wheelchair-accessible infrastructure in both new and existing projects across West Bengal. A matter of grave concern is that the majority of new construction and renovation projects in all public and private organisations including banks, educational & technical institution,  commercial projects & retail chains etc. fail to prioritize barrier-free accessible infrastructure and reasonable accommodations for citizens with disabilities, and there is a distinct lack of strict action to enforce implementation. This negligence, demonstrated by promoters and developers along with lax enforcement by state authorities, not only violates the legal and ethical rights of persons with disabilities but also adversely affects other vulnerable groups including senior citizens, patients, pregnant women, and individuals facing mobility challenges.

Preamble:

The population of persons with disabilities in India is estimated to be approximately 10–12 crores, and a significant portion of this population resides in West Bengal. We have a collective responsibility to ensure that all citizens, regardless of their abilities, can fully participate in society. Beyond persons with disabilities, the lack of accessible infrastructure and reasonable accommodations for other vulnerable groups—such as high-care senior citizens, patients, pregnant women, and individuals facing mobility challenges—raises serious concerns about social inclusion and equity in our state.

Legal Framework and Obligations:

India has a robust legal framework mandating accessibility and non-discrimination. Promoters, developers, and state authorities have both a legal and ethical obligation to comply with these provisions:

  1. The Rights of Persons with Disabilities Act, 2016 (RPwD Act):

    • Accessibility Standards (Sections 40–46): Mandates that all public buildings, transportation systems, and ICT services be made accessible in a time-bound manner, including ramps, elevators, accessible toilets, signage, and assistive technology.
    • Equal Opportunity Policy (Section 34): Requires all establishments to adopt an Equal Opportunity Policy to ensure an inclusive environment and prohibit discrimination.
    • Non-Discrimination (Section 3): Prohibits denial of access to goods, services, and facilities on the basis of disability.
    • Penalties for Non-Compliance (Sections 89–91): Prescribes fines and legal consequences for establishments failing to meet accessibility standards.

  2. Harmonized Guidelines and Standards for Universal Accessibility in India, 2021:
    These guidelines provide technical specifications for creating accessible built environments, covering:

    • Building design and construction
    • Accessible routes, entrances, ramps, stairs, and elevators
    • Accessible toilets, washrooms, and seating areas
    • Clear signage, wayfinding, and assistive technology

  3. National Building Code of India (NBC), 2016:
    Part 4 of the NBC outlines accessibility standards for building design, ensuring:

    • Barrier-free movement through accessible entrances, corridors, and lobbies
    • Installation of ramps, lifts, and accessible washrooms
    • Provision of signage and wayfinding support

  4. Recent Supreme Court Directions (November 2024):
    The Hon'ble Supreme Court of India has repeatedly affirmed the mandatory nature of accessibility standards under the RPwD Act. The Court emphasized:

    • Strict adherence to timelines
    • A broad interpretation of “public spaces” to include all commercial and residential developments
    • The proactive responsibility of management to ensure compliance
    • Active enforcement of penalties for non-compliance
      These directives underscore the urgency for all projects to prioritize accessibility improvements and avoid potential legal repercussions.

  5. United Nations Convention on the Rights of Persons with Disabilities (UNCRPD):
    As a signatory to the UNCRPD, India is obligated to ensure full accessibility for persons with disabilities. Relevant articles include:

    • Article 9 (Accessibility): Mandates ensuring equal access to public spaces and services.
    • Article 27 (Work and Employment): Recognizes the right of persons with disabilities to work on an equal basis with others.

Specific Grievances and Observations:

Despite the robust legal framework, there is widespread non-compliance by promoters and developers in West Bengal. The following issues are particularly concerning:

  • Lack of Wheelchair-Accessible Infrastructure:
    Numerous new and existing buildings—residential complexes, commercial establishments, and public spaces—lack essential wheelchair-accessible features such as ramps with appropriate gradients, handrails, accessible elevators, and restrooms.

  • Inadequate Implementation of Building Codes:
    The technical standards set forth in the NBC and Harmonized Guidelines are frequently disregarded during the construction process, resulting in environments that are not accessible.

  • Absence of Universal Design Principles:
    Few projects incorporate universal design principles that would make spaces inherently usable by all citizens without the need for adaptation or specialized modifications.

  • Failure of Authorities to Enforce Standards:
    State departments and municipal authorities often grant building permits, No Objection Certificates (NOCs), competition licenses, and occupancy certificates without proper verification of compliance with accessibility standards. This practice undermines the legal framework and endangers the welfare of vulnerable citizens.

  • Economic and Socio-Economic Implications:
    The ongoing neglect of accessible infrastructure not only infringes on the rights of persons with disabilities but also poses severe economic risks. Exclusion of a significant portion of the population hampers consumer participation, reduces investment potential, and may lead to increased litigation. The long-term socio-economic repercussions include higher unemployment rates, reduced productivity, greater dependency on social welfare, and an overall deterioration in the quality of life for many citizens.

Demands and Requests:

In light of the serious issues outlined above, we urgently call upon the Government of West Bengal and relevant authorities to take the following immediate actions:

  1. Immediate Inspection and Audit:

    • Conduct a comprehensive accessibility audit of all existing and newly constructed buildings in  all Cities and Districts within State, with a focus on those receiving government approvals and NOCs.

  2. Strict Enforcement of Accessibility Standards:

    • Ensure strict adherence to the RPwD Act, Harmonized Guidelines, the State and National Building Code, and the recent Supreme Court directives.
    • Take stringent action, including legal penalties, against Promoters and Developers and Concerned Authorities who fail to comply.

  3. Hold Issuance of Approvals:

    • Immediately suspend the issuance of NOCs, competition licenses, completion certificates, and other approvals for ongoing and upcoming projects until promoters and developers demonstrate full compliance with barrier-free, wheelchair-accessible infrastructure requirements.

  4. Retrofitting of Existing Buildings:

    • Develop and implement a plan for retrofitting existing public buildings and spaces to meet accessibility standards.
    • Provide financial assistance and technical guidance to owners where necessary.

  5. Mandatory Awareness Campaigns:

    • Launch public awareness initiatives to educate promoters, developers, architects, and the general public on the importance of accessibility and universal design.

  6. Inclusion of Disability Rights Experts:

    • Involve representatives from disability rights organizations in the planning, execution, and monitoring of accessibility initiatives.

  7. Establish a Dedicated Accessibility Cell:

    • Create a dedicated cell within the relevant department to oversee the implementation of accessibility standards and to address complaints related to non-compliance.

The persistent failure to implement barrier-free infrastructure is not only a violation of established national and international laws but also poses severe economic and socio-economic challenges for West Bengal. Inaction will lead to further exclusion of approximately 10–12 crores of citizens with disabilities, as well as other vulnerable groups, ultimately impeding their full participation in society. This exclusion will result in lost various education and employment opportunities, diminished investments, and an increased burden on the judicial system due to potential litigation.

We, therefore, urge the Honorable Chief Minister, Chief & Principal Secretary, Minister - In-charge, Mayor, Commissioner, and all relevant state authorities to treat this matter with the utmost urgency. 

We demand that all pending approvals be suspended until full compliance with barrier-free, wheelchair-accessible infrastructure is demonstrably achieved and that stringent penalties be imposed on non-compliant promoters and developers.

Immediate action is essential to protect the rights and dignity of every citizen, ensure compliance with legal mandates, and foster an inclusive and economically vibrant society.

Sincerely,

Jitendra Kumar Soni
(Indian Citizen with Disabilities and Representative of Citizens with Disabilities in India)
Address: 49/19, Rabindra Sarani, Opp. Shanti Niketan Hall, Near Jalan Variety Shop,
Rishra, Hooghly, West Bengal - 712248
Mobile: 7439848244 / 7044337707
Email: sonitwi...@gmail.com / divyangf...@gmail.com

Resources: RPwD Act, Latest Indian Building Code provisions, Harmonized Guidelines for Universal Accessibility in India, UNCRPD Articles, and the Supreme Court Directions (November 2024).


Reply all
Reply to author
Forward
0 new messages