Section 6: Freedom of Movement

Section 45 of The Persons with Disabilities Act, 1995 gives details of the provisions on public roads to make them accessible. According to a section in the annual report of Ministry of Social Justice and Empowerment, the Office of the Chief Commissioner for Persons with Disabilities conducted access audits of four Government Buildings in Delhi during the whole year, including a railway ticket reservation centre, a coffee home, an electricity board office and the Delhi Airport! As per the annual report of Ministry of Urban Development and Poverty Alleviation (2003-2004), the Government has issued Notifications amending the unified building by-laws to meet social environmental requirements such as providing barrier free environment in buildings for people with disabilities. Despite the provisions in The Persons with Disabilities Act, 1995, and the notification, constructions full of barriers continue all over the country. In a recent initiative of the Ministry of Tourism and Culture, revised guidelines were issued to simplify the procedure for classification of hotels and approval of hotel projects. The guidelines included that

new projects will be required to adopt environment-friendly practices and facilities for physically challenged persons. And existing hotels being classified will need to conform to a phased plan for adding ecofriendly practices and facilities for physically challenged persons.

The right to liberty and freedom of movement is part of the fundamental rights that are available to all citizens under article 21 and article 19 of the Indian Constitution. Article 14 of the Constitution provides equality before the law and equal protection of the laws to all persons With respect to persons with disabilities however, the right movement and liberty must be examined in conjunction with the provision of special measures that enable persons with disabilities to exercise the right to the freedom of movement.

Note #32

1999 AIR (SC) 512

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A limited number of efforts have been made across the country to ensure ease and liberty of movement for persons with disabilities. Some cities have made progress in this area, with Mumbai introducing disabled-friendly buses after being ordered to do so by a Bombay High Court order, and Delhi's Metro Rail Corporation opening one accessible transportation route. In addition, the Supreme Court ruled in Javed Abidi vs Union of India ³² (1999) that Indian airlines must not only make their aircrafts more accessible, but provide 50% concession to all disabled persons as defined in the Persons with Disabilities Act. However, a shadow report on Access to Transport and Built Environment declared that most public transport remains inadequate for people with disabilities. In addition, many annual reports of government establishments, such as that of the Department of Road Transport and Highways (2003-2004) and that of the Ministry of Civil Aviation (2003-2004), simply neglects to include information on facilities extended to persons with disabilities. Thus by and large exercising the right to freedom of movement continues to be a Herculean task for persons with disabilities.

While there are reservations of seats, and subsidies on travel, physical access to spaces and systems of transportation continue to obstruct the free entry and exit of persons with disabilities.

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