JItendra Soni on Petition for the Implementation of a Comprehensive Accessibility Framework in India for Persons with Disabilities
Freedom of Movement Coalition
From: jitendra soni <divyangf...@gmail.com>
To: weth...@googlegroups.com, freedom-of-mov...@googlegroups.com, ab...@saazpartners.com, amita...@nalsar.ac.in, jitendra soni <divyangf...@gmail.com>
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Date: Sun, 5 Jan 2025 13:00:36 +0530
Subject: Re: Charter of Demands for Implementing Barrier-Free Infrastructure and Reasonable Accommodation in Banking Services – Acknowledgment and Urgent Action Required:
Petition for the Implementation of a Comprehensive Accessibility Framework in India for Persons with Disabilities
To,
The Honorable Prime Minister,
Government of India,
India.
Subject: Petition for the Immediate Implementation of a Comprehensive Accessibility Framework for Persons with Disabilities in India, in compliance with the Supreme Court’s judgment in Rajive Raturi v. Union of India.
Dear Sir/ Madam,
We, the undersigned Individual with disabilities, advocates, supporters, experts, and organizations representing the interests of persons with disabilities (PwDs) across India, submit this petition in light of the Supreme Court’s landmark judgment in Rajive Raturi v. Union of India. The judgment emphasizes the urgent need for mandatory accessibility standards across all sectors to ensure that persons with disabilities can fully participate in society. Despite these legal directives, accessibility for PwDs remains a significant challenge in India, limiting their opportunities in education, employment, transportation, healthcare, and public life.
We recognize that accessibility is not merely a matter of convenience but a fundamental human right. It is essential that all public and private spaces, services, and infrastructure be designed to accommodate the diverse needs of persons with disabilities. In the spirit of the Supreme Court’s judgment, we urge the Government of India to establish and enforce a comprehensive accessibility framework that is inclusive, actionable, and responsive to the lived experiences of persons with disabilities.
Petition:
We respectfully request the following measures to be immediately undertaken by the Government of India:
1. Universal Accessibility:
Ensure that all public and private spaces, including government buildings, transport systems, educational institutions, healthcare facilities, and workplaces, are made universally accessible for persons with all types of disabilities, including physical, sensory, intellectual, and psychosocial disabilities.
2. Accessible Infrastructure:
Prioritize the creation of accessible infrastructure across the nation. This includes accessible roads, pathways, public transport systems (buses, trains, airports), residential and commercial buildings, and public amenities such as toilets, parking spaces, and ramps.
3. Accessible Digital Platforms:
Ensure that digital platforms, including government websites, banking systems, e-commerce portals, and social media, are fully accessible to persons with disabilities. This includes the development of screen readers, braille support, and voice-based interaction systems to facilitate the use of these platforms by all.
4. Accessible Transport Vehicles and Systems:
Mandate that all modes of public transport, including buses, trains, metro systems, and airplanes, be made fully accessible for persons with disabilities. This includes provision for ramps, designated seating, audio-visual announcements, and staff training in disability awareness.
5. Accessible Healthcare Services:
Ensure that healthcare facilities, including hospitals, clinics, and pharmacies, are equipped with accessible entrances, examination rooms, restrooms, and communication systems. Healthcare providers should also receive training on providing appropriate services for people with disabilities.
6. Accessible Education:
Implement policies for inclusive education that ensure all children, regardless of their disabilities, can access education on an equal basis with others. This includes accessible classrooms, learning materials in multiple formats (braille, audio, etc.), and trained educators who are equipped to support students with disabilities.
7. Disability-Sensitive Disaster Response:
Develop and implement disaster response plans that account for the needs of persons with disabilities. This includes accessible shelters, early warning systems, evacuation routes, and relief services that cater to the specific needs of PwDs during emergencies.
8. Accessible Employment and Economic Participation:
Enforce a disability employment quota in the public and private sectors, ensuring that persons with disabilities are not excluded from economic opportunities. Supportive workplace environments, including reasonable accommodations and assistive technologies, should be provided.
9. Disability-Sensitive Urban Planning:
Promote disability-sensitive urban planning that integrates accessibility features in all new construction projects and retrofits existing infrastructure. Cities should be planned in a way that considers the mobility and participation needs of persons with disabilities in all aspects of urban life.
10. Accessible Social Security Schemes:
Prioritize the inclusion of persons with disabilities in all social security schemes. This includes the provision of adequate financial support, health insurance, and pension schemes for PwDs, with an emphasis on removing barriers to access.
11. Capacity Building and Training:
Invest in capacity building for professionals in fields such as architecture, design, urban planning, healthcare, and education to ensure that accessibility is considered from the outset. Create certification programs for individuals and organizations to become experts in accessibility.
12. Digital Payment Accessibility:
Ensure that digital payment platforms (mobile wallets, online banking, etc.) are accessible to persons with disabilities. This includes support for assistive technologies like voice recognition, braille terminals, and screen reader compatibility.
13. Accessible Public Communication:
Make public communication accessible by ensuring that signage, announcements, and advertisements are clear and provide alternatives such as audio, braille, and sign language interpretation, where applicable.
14. Accessible Housing:
Provide incentives for the construction of accessible housing units. Residential spaces should include features like accessible bathrooms, ramps, wide doorways, and support for assistive devices.
15. Legal Protections for Persons with Disabilities:
Strengthen legal protections for persons with disabilities, ensuring that they have recourse in cases of discrimination or denial of accessibility. The implementation of laws should be monitored regularly to guarantee enforcement.
16. Awareness Campaigns:
Launch nationwide awareness campaigns to educate the general public about the rights of persons with disabilities and the importance of accessibility. These campaigns should also aim to reduce stigma and promote the social inclusion of PwDs.
17. Monitoring and Evaluation Mechanism:
Establish a robust mechanism for monitoring and evaluating the implementation of accessibility measures. This should include the collection of feedback from persons with disabilities, as well as periodic audits of public and private facilities to assess accessibility compliance.
We, the undersigned, call upon the Government of India to act swiftly in implementing the above-mentioned demands to ensure a more inclusive and accessible society for all persons with disabilities. The urgency of the situation cannot be overstated. Persons with disabilities have a right to live independently and participate fully in society, and it is the duty of the government to ensure that these rights are upheld through concrete actions.
We trust that the Government will recognize the importance of these issues and take immediate and comprehensive steps to make India a truly accessible nation, in compliance with the principles laid out by the Supreme Court in Rajive Raturi v. Union of India.
Yours sincerely,
Jitendra Kumar Soni
Proud Divyang Member
Convenor, Divyang Forum
Advocate for persons with disabilities, wheelchair users, pregnant women, senior citizens with mobility challenges, and others.
Mobile: 7439848244
Note:
Resources info: Hon. Supreme Court Guidelines / Order
Note : This petition is a call for immediate and comprehensive action to ensure that persons with disabilities are not excluded from the rights and opportunities enjoyed by other citizens.
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Separate / Additional Suggestions for Accessible Infrastructure and Barrier-Free Reasonable Accommodation at All Railway, Bus, Metro, and Other Transport Hubs/Stations including Educational Hubs:
Standard Ramps with Side Railings:
- All transport & educational hubs, including railway stations, metro stations, bus terminals, and airports, must be equipped with standard ramps that comply with accessibility guidelines. These ramps should be designed with side railings to provide adequate support and prevent accidents.
- The ramps must have a gentle slope, be wide enough to accommodate wheelchairs, walkers, and other assistive devices, and feature anti-slip surfaces for added safety.
Accessible Toilets and Retiring Rooms:
- Accessible toilets must be available at every transport & educational hub. These toilets should be designed with adequate space for maneuvering wheelchairs, with features such as grab bars, low washbasins, and sufficient turning space.
- Accessible retiring rooms should be provided for travelers with disabilities. These rooms must offer appropriate furniture, adjustable lighting, and easy access. Retiring rooms should be located in proximity to transport services and maintained in good condition.
Low-Level Ticket and Help Desk Counters, and Reserved Parking:
- Low-level ticket counters and help desks should be installed at all transport hubs to ensure that PwDs can access services independently. These counters should be clearly marked and have staff trained to assist PwDs.
- Reserved parking spaces for PwDs should be clearly marked and located close to transport entrances. These spaces must be wider than regular parking spaces to accommodate wheelchair users and must be strictly monitored to prevent misuse.
Separate Grievance Redressal Mechanism:
- A separate grievance redressal mechanism should be established for PwDs. This system must allow passengers to file complaints related to accessibility issues, including barriers faced during travel, lack of necessary accommodations, and inadequate facilities.
- The grievance redressal system should be easily accessible, with support in multiple formats, such as braille, audio, and online platforms. It should be transparent, efficient, and ensure timely resolution of complaints.
Employment Fulfillment in Accordance with RPWD Act 2016:
- Transport authorities must fulfill their obligations under the Rights of Persons with Disabilities Act, 2016 by providing employment opportunities to PwDs within the transport sector. This includes offering training, reasonable accommodations, and job opportunities across all levels of transport services.
- Employment practices should be inclusive, ensuring that PwDs are employed in areas such as administration, maintenance, customer service, and operations. The employment process should be accessible and non-discriminatory.
Accessible Infrastructure in Accordance with NCRPD, NBC Act, Accessible India, and Supreme Court Guidelines:
- All transport & education hubs must comply with the standards outlined by the National Committee on the Rights of Persons with Disabilities (NCRPD), National Building Code (NBC) Act, Accessible India Campaign, and the Supreme Court Guidelines for accessible infrastructure.
- Both new and existing transport hubs must undergo retrofitting to meet these accessibility standards, ensuring that they are fully accessible to PwDs.
Anti-Slip Surface:
- All floors in transport education hubs, including ramps, walkways, platforms, and restrooms, should have anti-slip surfaces to prevent accidents and ensure safety for persons with mobility impairments, including those using wheelchairs, canes, or walkers.
- The surface material should be durable, smooth, and resistant to wear and tear while providing maximum safety for users.
Conclusion:
In conclusion, to ensure the equitable participation of persons with disabilities in society, it is essential that all transport hubs, stations, and terminals across India are made accessible. The measures outlined above must be implemented in accordance with the Rights of Persons with Disabilities Act, 2016, the National Building Code (NBC), and the Accessible India Campaign. Furthermore, these measures should comply with the Supreme Court Guidelines, guaranteeing that all transport systems, including buses, trains, and metro services, become barrier-free for persons with disabilities.
The Government of India must act urgently to establish accessible and inclusive transportation systems across the country. Implementing these changes will improve the mobility and independence of PwDs, reduce social isolation, and ensure that India complies with international standards for accessibility and inclusivity.
The time to act is now. Let us work together to build a more inclusive and accessible India where every citizen, regardless of ability, can travel with dignity, independence, and equality.
This draft can be used as part of a larger petition to urge the government and relevant authorities to address accessibility issues in public transport infrastructure. By ensuring that all transport hubs are fully accessible, we can make a significant difference in the lives of millions of persons with disabilities in India.
Draft by : Jitendra kumar Soni, kolkata
Mobile : 7044337707
Subject: Charter of Demands for Implementing Barrier-Free Infrastructure and Reasonable Accommodation in Banking Services – Acknowledgment and Urgent Action Required:
To: Team SBI BANK, INDIA
Kind Attention:
MDs & CEOs
Vice Presidents
Chief General Managers
Chief Grievance Redressal Officers
Chief Nodal Officers for Accessibility Complaints
CFOs and General Managers
Head Office and Operation Managers, Branches and ATMs
Heads of Policy, Planning, and Laws
Branch Managers of All Bank Branches Across IndiaOther relevant authorities of all associate financial institutions and other project partners involved with your banking services."
From:
Jitendra Kumar Soni
(Convenor of Divyang Forum 2023 and Proud Divyang Member of India)
Address: 49/19, Rabindra Sarani, Opposite Shanti Niketan Hall and Jalan Variety, Rishra, Hooghly, West Bengal, Pincode-712248
Mobile: 7439848244
Email: divyangf...@gmail.com / sonitwi...@gmail.com
Banking Ombudsman, Reserve Bank of India
Department of Financial Services, Ministry of Finance
Ministry of Social Justice and Empowerment& Other Relevant Authorities
Petition by: On Behalf of persons with disabilities, Customers and Banking Employees on wheelchair, pregnant women, senior citizens with mobility issues, and others directly or indirectly involved with Banking Services
Respected Sir/Madam,
I, Jitendra Kumar Soni, a person with a physical disability and a dedicated advocate for the Divyang community of India, am writing to express my deep concern regarding the ongoing neglect, non-cooperative behavior, and discriminatory attitudes exhibited by the senior management of SBI Bank , India and the relevant responsible authorities towards the Divyang community. Despite numerous communications, we have yet to receive a satisfactory response or resolution to the issues raised on behalf of persons with disabilities, wheelchair users, pregnant women, senior citizens with mobility challenges, and others facing similar obstacles.
It is deeply concerning that some responses to our previous complaints appear to be manipulated or crafted in a manner that provides a superficial impression of compliance while possibly concealing factual inaccuracies. Certain banks have either failed to respond entirely or made sweeping claims of full accessibility across their branches and ATMs, which seem inconsistent with ground realities.
Such crafted responses, if intended to mislead, raise serious concerns about transparency and the intent to comply with the legal requirements under the RPwD Act, 2016. These responses may reflect an attempt to manipulate the narrative to shield the institution from accountability, rather than genuinely addressing the accessibility concerns raised by the Divyang community.
We seek transparency and accountability in all communications, particularly when addressing matters that impact the fundamental rights of persons with disabilities. Any misleading claims or inaccuracies, if left unchecked, risk being inadvertently legitimized through official communications. Therefore, we urge you to conduct a comprehensive accessibility audit across all your branches and service points to verify actual compliance with accessibility standards and ensure that reasonable accommodations are in place for wheelchair users, employees, and all members of the Divyang community.
Such an audit should be conducted in collaboration with disability rights organizations & Accessibility Experts like NILD & NIOH , Kolkata ( India) to ensure accuracy and impartiality, thereby reinforcing your commitment to inclusive and barrier-free banking services for all.
Failure to address these concerns demonstrates a disregard for the rights and dignity of persons with disabilities. This neglect constitutes a clear violation of the Indian Constitution, human rights, civil rights, and the Rights of Persons with Disabilities (RPwD) Act, 2016. Additionally, it contravenes the guidelines and directives issued by the Ministry of Finance, Ministry of Social Justice, Reserve Bank of India, Central and State Governments, and the Hon'ble Supreme Court of India, which mandate accessibility and inclusivity in public services.
The issues raised in my previous communications and complaints must be acknowledged and adequately addressed within a stipulated timeframe with immediate effect :
- Lack of Physical Accessibility: Many bank branches and ATMs lack basic accessibility features such as ramps with side railings, and accessible toilets.
- Inadequate Security Measures: Isolated ATMs pose a significant risk to persons with disabilities, particularly those with visual or hearing impairments.
- Absence of Dedicated Infrastructure: There is a lack of specialized counters for persons with disabilities in branches, making it difficult for them to access banking services.
- Lack of Mandatory Disability Awareness and Sensitivity Training: Branch staff are not adequately trained to interact with persons with disabilities, leading to inaccessible and discriminatory practices.
- Non-Compliance with RBI Guidelines and Accessibility Standards: Banks have failed to comply with RBI & other Relevant Authorities' guidelines and accessibility standards, including the provision of accessible physical ATMs, branches, and online banking services.
"I request that TEAM SBI Bank , india and all other public and private banks, including NBFCs, in India, along with the Reserve Bank of India, the Department of Financial Services, and the Ministry of Social Justice, take immediate action to address the issues raised and provide a detailed response to my demands within 03 business days from the receipt of this letter/email."
Our demands include:
Implementation of Barrier-Free Physical Infrastructure: Ensure that all your bank branches and ATMs are fully accessible by installing:
- Ramps with side railings
- Accessible toilets
- Ergonomic seating arrangements
- Security guards equipped with the latest safety tools at all ATMs
- Low-level, state-of-the-art ATMs at all ATM centers
Current Status of Bank Branches and ATMs:
Please provide a comprehensive report on the current accessibility status of all your bank branches and ATMs. Specifically, confirm whether each branch and ATM is fully equipped with the following:
- Ramps with side railing support
- Accessible toilets
- Other reasonable accommodations for persons with disabilities (PwDs) to ensure their independence and dignity
Accessible Digital Banking Platforms:
- Upgrade Your Bank’s digital platforms by integrating:
- Screen readers and text-to-speech functionalities
- High-contrast interfaces for visually impaired users
- Simplified navigation for ease of use
- Compliance with WCAG and SSAG standards on all websites
- Enhanced digital and security features
- Additional safety features for user protection
Reasonable Accommodation in Services:
- Conduct sensitivity training for all bank staff to ensure respectful and effective interactions with persons with disabilities.
- Establish a dedicated helpdesk at each branch to assist with transactions, accessibility needs, and grievance redressal.
Collaboration with Experts and Advocacy Groups:
- Partner with disability rights organizations and accessibility experts to ensure the adoption of best practices in providing accessible and inclusive banking services.
Employment-Related Demands:
a. Employment Opportunities for Persons with Disabilities (PwDs):
- Establish a dedicated HR team within your Bank to focus on recruiting PwDs.
- Ensure compliance with the mandatory 3% reservation quota for PwDs, as required by the RPwD Act, 2016.
- Organize special recruitment drives and job fairs immediately and annually to ensure appropriate representation of PwDs within your workforce.
b. Current Employment Reports on PwD Employment:
- Provide detailed reports on the current employment status of PwDs within the organization. This should include information on recruitment practices, skill enhancement programs, and the bank's Corporate Social Responsibility (CSR) initiatives focusing on the Divyang community.
c. Job Fair and Vacancy Notices:
- Publicize job vacancies through:
- Government and private employment portals
- Newspapers and social media platforms
- PwD-focused organizations and networks
- In collaboration with State Disability Commissioners’ Offices across India.
d. Career Development and Skill Enhancement for PwDs:
- Offer specialized training programs to enhance the professional skills of PwD employees.
- Create mentorship opportunities for professional growth and career advancement for PwD staff members.
Inclusive Work Environment:
- Ensure accessible workplace infrastructure, including:
- Wheelchair-friendly workspaces
- Assistive devices and tools as needed
- Foster a culture of inclusivity by celebrating International Day of Persons with Disabilities and other similar initiatives.
Mandate for Divyang Community Upliftment:
- Integrate all the aforementioned Divyang community service-related initiatives into your Annual General Meeting (AGM), budget discussions, renovation/modification plans, new branch openings, and other extraordinary meetings. Additionally, issue a reminder notice to all Regional Circle/Office Heads and relevant authorities to ensure these measures are prioritized and implemented effectively. This should be treated as part of your mandatory social responsibility to uplift the Divyang community, in compliance with applicable laws and to demonstrate your commitment to inclusivity.
Enforcement Clauses for All Project Partners:
Non-Discrimination and Inclusion Policy:
Ensure that no person with disabilities (PwD) faces discrimination or exclusion in any aspect of the project, whether it pertains to employment, services, or participation.Access Audits and Monitoring:
Conduct regular access audits to assess and verify compliance with established accessibility standards, ensuring the continued inclusivity of all project components.Time-Bound Implementation:
Accessible infrastructure and accommodations must be fully implemented within a defined timeframe, as agreed upon with the funding agency, to ensure timely and effective accessibility for all stakeholders involved.- Penalties for Non-Compliance:
Project partners found guilty of non-compliance with accessibility and inclusivity standards must be subject to penalties, and will be required to rectify the issues within a specified timeframe. Failure to comply may result in further actions, including but not limited to suspension or termination of the project partnership.- Monitoring and Evaluation:
Introduce specific indicators within the project monitoring frameworks to track progress on accessibility and inclusivity throughout the entire project lifecycle. Regular assessments should be conducted to ensure alignment with the established standards and immediate corrective measures must be taken if any discrepancies are identified.Conclusion and Disclaimer:
This letter/email serves as an urgent complaint petition for a barrier-free, inclusive banking experience. The purpose of this communication is to foster dialogue and encourage compliance with the legal and regulatory frameworks in India. No harm or defamation is intended toward any individual, organization, or institution.
Additionally, this serves as a reminder of prior information regarding violations and disobedience:
Neglect constitutes a violation of Indian Constitutional laws, human rights, civil rights, as well as the Rights of Persons with Disabilities (RPwD) Act, 2016. It also contradicts the guidelines and directions issued by the Ministry of Finance, Ministry of Social Justice, the Reserve Bank of India, the Central and State Governments, and the Hon'ble Supreme Court of India concerning accessibility and inclusivity in public services.
I look forward to your prompt response and a detailed action plan, prioritizing these issues as part of your social responsibility and service-oriented commitment.
Yours sincerely,
Jitendra Kumar Soni
Proud Divyang Member
Convenor, Divyang Forum
Advocate for persons with disabilities, wheelchair users, pregnant women, senior citizens with mobility challenges, and others.
Mobile: 7439848244Note:
Resources info: Hon. Supreme Court Guidelines / Order