Plea to HC: Bldgs must turn disabled-friendly or face fine

 
<https://timesofindia.indiatimes.com/toireporter/author-Shibu-Thomas-17113.c
ms> Shibu Thomas| TNN | Jun 27, 2018, 03:10 IST

MUMBAI: Fighting for the quality of life of
<https://timesofindia.indiatimes.com/topic/disabled-persons> disabled
persons, well-known interior designer and socialite Nisha Jamvwal and
advocate Abha Singh have approached the
<https://timesofindia.indiatimes.com/topic/Bombay-high-court> Bombay high
court over the lack of wheelchair access and other facilities for them in
buildings in Mumbai, including five-star hotels, malls, theatres,
restaurants and other commercial premises.
A division bench of Justices
<https://timesofindia.indiatimes.com/topic/Naresh-Patil> Naresh Patil and
<https://timesofindia.indiatimes.com/topic/Girish-Kulkarni> Girish Kulkarni
on Tuesday directed the Maharashtra government and the BMC to spell out
their stand in three weeks.


"The law has to be implemented," said the judges. Advocate Abha Singh said
the Development Control Regulations and other laws (see box) make it
mandatory for public and commercial buildings to be disabled-friendly. The
disabilities Act, in fact, empowers civic authorities to deny completion
certificates to establishments if they fail to provide such facilities.

"Establishments in Mumbai have been issued completion certificates and are
allowed to function despite not having ramps or accessible bathrooms," she
said.

Maharashtra advocate general Ashutosh Kumbhakoni confirmed that the building
code did require special amenities to be provided for persons with
disabilities. Singh told the court that Jamvwal and a family member, who
uses a wheelchair due to spinal injury, face problems every time they visit
a restaurant or  <https://timesofindia.indiatimes.com/topic/theatre>
theatre.

The petitioners submitted a list of 15 popular city buildings that do not
provide basic facilities like ramps and accessible toilets. They asked that
establishments and toilets should have doors at least 30 inches wide to let
wheelchairs pass.

 


The petitioners claimed that they had approached several government and
private establishments to request construction of ramps and other facilities
so that persons with disabilities could access them without any help and
experience independence, self-reliance and self-sufficiency. The requests
were disregarded, the petition said.

 


"The fundamental concern of disabled persons is safe and free accessibility
to footpaths, accessibility to roads, buildings -private or government - and
transport. Internationally acceptable mandatory aspects of physical
accessibility are essential to ensure safety, independence, affordability
and easy navigation without extraordinary efforts to avail rudimentary
facilities," the petition said.

 

The petitioners urged the court to direct public and private establishments
across the state to instal ramps and wheelchairfriendly toilets within three
months and impose a penalty on places that do not comply. They also sought
directions to the government to make public transport easily accessible for
persons with disabilities.

 

 



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