Fwd: Inaccessible design of Ram Temple in Ayodhya and compliance with Indian disability law.
Vaishnavi Jayakumar
From: contact <con...@srjbtkshetra.org>
Date: Tue, 23 Mar 2021 at 10:14
Subject: Re: Inaccessible design of Ram Temple in Ayodhya and compliance with Indian disability law.
To: jayakumarvaishnavi
धन्यवाद,
Shri Ram Janmbhoomi Teerth Kshetra
Ayodhya Uttar Pradesh
Helpdesk Mob No. 8009522111, https://srjbtkshetra.org
From: Vaishnavi Jayakumar (Inclusive India)
Date: Mon, 22 Mar 2021 at 16:17
Subject: Inaccessible design of Ram Temple in Ayodhya and compliance with Indian disability law.
To: <con...@srjbtkshetra.org>, <dharmart...@gmail.com>, <in...@commissionerdisabilitiesup.in>, <secret...@gmail.com>, <aida.rj...@gmail.com>, <des...@tce.co.in>, Awanish Kumar Awasthi <awanish...@gmail.com>, KVS Rao <kvs....@nic.in>, <cbso...@gmail.com>, <ashish...@gmail.com>
Dear Sirs,
Subject: Requisition to ensure the Construction of Shri Ram temple in Ayodhya at Uttar Pradesh as per Section 44 of Rights of Persons with Disabilities Act, 2016 and strictly comply with Harmonized Guidelines and Space standards for Barrier Free Environment for Persons with Disabilities, published by Minister of Urban Development Government of India in 2016 which was adopted by Section 40 of Rights of Persons with Disabilities Act, 2016 read with Rule 15 on Rights of Persons with Disabilities Rules, 2017 & UN Convention on the Rights of Persons with Disabilities .
1. It has been brought to my notice that earlier representations on accessibility compliance have neither received a response nor have corrections been made in current inaccessible design of the planned temple, leave alone its facilities and functioning. Primary concerns voiced by disabled citizens include the seemingly unsafe steep ramps with no hand railings even at stairs and complete absence of access to the sanctum sanctorum.
2. Proposed model of the Shri Ram temple to be constructed at Ayodhya at Uttar Pradesh as shown in the media (picture enclosed along) does not have the accessibility standards mandated by the Government of India such as ramps with a gradient of 1:20 & handrails on both sides, kerb ramps, slip resistant flooring, tactile path identifiers, signages & pictograms, audio visual information, accessible toilets, wash basins, drinking water outlets, seating arrangements etc at every point of the temple and the campus including the sanctum sanctorum, ticket counters, food courts and Prasad outlets. Whereas, all these provisions should be executed as per the specifications given in Harmonized Guidelines and Space standards for Barrier Free Environment for Persons with Disabilities which was published by Minister of Urban Development Government of India in 2016 and adopted by Section 40 on Rights of Persons with Disabilities Act, 2016, read with Rule 15 on Rights of Persons with Disabilities Rules, 2017 as per Section 44 of Rights of Persons with Disabilities Act, 2016.
3. Many persons with disabilities, older persons, health issues, mother's carrying their babies and all others with mobility restrictions wish to experience the serenity and artistic excellence of the temple, divine blessings of Lord Shri Ram and further have the right to access the Shri Ram temple to be constructed at Ayodhya at Uttar Pradesh, without any barriers anywhere on the temple campus including the sanctum sanctorum, on an equal basis with others.
4. Persons with disabilities should be included in all levels of planning and decision making wherever their accessibility and dignified facilitations are concerned as per Article 4(3) of United Nation Convention on Rights of persons with disabilities to which Govt of India is a signatory.
5. I am herein extracting the below legal provisions on accessibility & universal design for your kind perusal:
Rights of Persons with Disabilities Act, 2016:
Section 44: Mandatory observance of accessibility norms.—(1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40. (2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government.
Section 40: Accessibility.—The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.
Rule 15 on Rights of Persons with Disabilities Rules, 2017 on Rules for Accessibility
“(1) Every establishment shall comply with the following standards relating to physical environment, transport and information and communication technology, namely :-
(a) standard for public buildings as specified in the Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons With Disabilities and Elderly Persons as issued by the Government of India, Ministry of Urban Development in March, 2016;
Harmonized Guidelines and Space standards for Barrier Free Environment for Persons with Disabilities, published by Minister of Urban Development Government of India in 2016 which was now adopted by Section 40 of on Rights of Persons with Disabilities Act, 2016 read with Rule 15 on Rights of Persons with Disabilities Rules, 2017.
Complete Harmonized Guidelines and Space standards for Barrier Free Environment for Persons with Disabilities with standards and specification as mentioned in 109 pages in 13 Chapters and other roman letter pages.
Art 4(3) of UNCRPD:
“In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations."
6. Therefore I hereby request you to
Ensure full accessibility in compliance to universal design standards during the Construction of Shri Ram temple in Ayodhya at Uttar Pradesh as per the provisions mentioned above in this representation.
Create an Accessibility cell which should engage Accessibility Consultants from Accessible India campaign, Government of India to monitor and facilitate the full accessible environment in compliance with Accessibility norms and universal design standards as per the legal provisions mentioned above in this representation as well as to sort the grievances of devotees with disabilities and others with mobility restrictions who may visit the temple in future.
Enclosures:
1. Chief Commissioner for Persons With Disabilities publication 'Guidelines for Making Religious Places Accessible'
2. 14 Dec 2020 post from Trust web page with design illustration and particulars as mentioned "The entire temple will be made of stones. The temple will have three floors. The height of each floor will be 20 feet, the length of the temple is 360 feet and the width is 235 feet, the floor of the temple will be 16.5 feet high from the ground floor, the height of the sanctum sanctorum from the ground floor will be 161 feet."
Place: Chennai
Date: 22/03/2020