Hi, You may refer the article 9 of the United Nations conventions on the rights of persons with disabilities. Also, we can not demand the legislation for every problem that we encounter in our day-to-day life. The existing provisions can be interpreted in such a manner that it will cover almost all sort of similar issues. Article 21 of our constitution nowhere says that clean environment is our fundamental right. But different interpretations have stretched its limitation to the widest possible, and it contains everything that you can think off. Provisions relating to “Freedom of speech and expression” also cover the right to know as well. And in fact, article 19(1) (a) is the direct source of RTI. Yeah. Article 9 of the UNCRPD impliedly provides for amusement parks as well, and that seems the only reason due to which the concern park has apologized in written!!!
Akhilesh Kumar Dahiya, Advocate. Email: akhil.akhi...@gmail.com Mobile: +91 9210616426 New Delhi On 4/7/12, Umesha Economics <umesha....@gmail.com> wrote: > Hi akhilesh, > I agree with you that in the country called India, implementation is an > important issue. but I am not concerned about the pwd act, are there > specific provisions on accessibility in amusement parks and other > entertainment places? please specify. also, do they contain the penalty for > their violation? a major drawback of pwd act is the lack of penalties for > contravention. > > Umesha > > ----- Original Message ----- > From: "akhilesh" <akhil.akhi...@gmail.com> > To: <accessindia@accessindia.org.in> > Sent: Saturday, 07 April, 2012 12:04 PM > Subject: Re: [AI] FW: Where is right to enjoy for people with disabilities? > > >> Hello Umesha, >> Legal provisions are there. these are very efficacious. so, as always, >> issue comes down of their implementation. >> >> >> On 4/7/12, Umesha Economics <umesha....@gmail.com> wrote: >>> I think there should be a legislation for such provisions. since it is a >>> public place, government can make rules regarding providing accessibility >>> >>> or >>> perhaps technically called barrier free environment. >>> >>> Umesha >>> . >>> ----- Original Message ----- >>> From: "Prashant Ranjan Verma" <pr_ve...@hotmail.com> >>> To: "accessindia@accessindia. org. in " <accessindia@accessindia.org.in> >>> Sent: Thursday, 05 April, 2012 5:13 PM >>> Subject: [AI] FW: Where is right to enjoy for people with disabilities? >>> >>> >>>> >>>> >>>> >>>> >>>> From: Sonu Golkar [mailto:sonug.m...@gmail.com] >>>> Sent: 05 April 2012 17:06 >>>> To: invi...@yahoogroups.com; youngvoicesin...@googlegroups.com; >>>> young-vo...@googlegroups.com; red-india-disabil...@googlegroups.com; >>>> red-india-developm...@googlegroups.com; >>>> red-india-corpor...@googlegroups.com >>>> Cc: Victor John Cordeiro; Sridhar LCD SARO; Shivaram LCD SARO; Shivaram >>>> Deshpande; Rajendra LCD SARO; Gopal Mitra; Divya S Wajapey; Devi LCD; >>>> Barkha >>>> LCD SARO; Swati Kaithwas; Sunitha K; Sunita dutta; Saurabh Kumar; Sarika >>>> Sinha; Raghavendra BP; Raghavendra ActionAid; Raghavendra; narendra >>>> sharma; >>>> Nandini BK; meena artwani; manish.bh...@actionaidindia.org.in; jigyasa; >>>> jayant; Dinesh Joshi; Anamika Roy; Vinay Ohdar; Vipin Rathore; Tharanum >>>> Bano-UPVM; tenik mahato; surender surender; Sonu Golkar; Sonali Pal JVM; >>>> shiv shankar; Sharada Yadav Puri; Shakthi CBR; sarita; ravi shastry >>>> needs; >>>> Ranjit Varma UPVM; rajesh nimole; Prashanth Varma NAB; Pranab OVM; >>>> pranab >>>> Kumar Sahu; PK Pincha; dadhich_prak...@yahoo.co.in; Niranjan Behera; >>>> Narendra Modi JVM; IshwarPrasad Chata CVM; Hemanth Subuddi-OVM; hemanta >>>> ddf; >>>> bihar.viklang.adhikar.ma...@gmail.com; bali Bhosale MVM; arun Kumar >>>> singh; >>>> Arun JVM; Anjum Taj; Anjum Chandru; anand malakar; >>>> suman09....@gmail.com; >>>> Omprakash RJVm; Sanjay Mungi; Sherly; PM John; ASHA CBR >>>> Subject: Where is right to enjoy for people with disabilities? >>>> >>>> >>>> >>>> Dear Friends, >>>> >>>> >>>> >>>> What is the level of awareness about disability issues in >>>> amusement >>>> parks? Do they care about accessibility & safety of people with >>>> disabilities? Do they take steps to provide an equally enjoyable >>>> experience >>>> to their customers with disabilities? These are questions which are >>>> seldom >>>> asked but they need to be answered to ensure full participation of >>>> people >>>> with disabilities in the social life. A group of disabled youngsters >>>> faced >>>> hard realities in their recent trip to an amusement park in New Delhi >>>> India. >>>> >>>> >>>> >>>> The Young Voice Delhi group chose an amusement park named >>>> <http://www.facebook.com/pages/Adventure-Island-Rohini/132854526738969?sk=ap >>>> p_2309869772> Adventure Island as the venue for its monthly meeting this >>>> time. The objective behind this decision was to give an otherwise rare >>>> opportunity to enjoy some of the thrilling rides to the members as well >>>> as >>>> to contribute to sensitization of the park management and society in >>>> general >>>> by making a public presence of a group consisting of persons with >>>> disabilities. >>>> >>>> >>>> >>>> <http://youngvoices.lcdisability.org/learn/> Young Voices is a global >>>> campaign network which brings together young people with disabilities >>>> between ages 16-25. These are the rallying cries of young people with >>>> disabilities in 19 countries in Africa, Asia and the Americas. Together >>>> they >>>> form Young Voices, Leonard Cheshire Disability's global project that >>>> campaigns for full human rights for disabled people. >>>> >>>> >>>> >>>> The group of 22 persons which visited Adventure Island on 1 April 2012 >>>> consisted of persons with blindness & low vision, a person with >>>> blindness >>>> & >>>> additional impairments of dwarfism & a few non-disabled friends & family >>>> members. The mobility impaired members of the group chose not to go to >>>> the >>>> park since they would have had to walk for long distances and as it is >>>> they >>>> would not have been able to enjoy any of the rides due to accessibility >>>> and >>>> safety considerations. >>>> >>>> >>>> >>>> The group representatives had clearly mentioned to the park authorities >>>> at >>>> the time of ticket booking several weeks in advance that most members of >>>> their group will be persons with disabilities. The park authorities >>>> after >>>> initial hesitation accepted the booking with certain conditions. They >>>> said >>>> that the group will not be provided any support staff and that they >>>> reserve >>>> the right to deny entry to some of the rides on grounds of safety. >>>> However, >>>> despite repeated reminders they never provided any information in >>>> writing >>>> and all communication happened on telephone & SMS. >>>> >>>> >>>> >>>> On the day of the visit the park management seemed nervous when the >>>> group >>>> gathered at the entry gates. They said that a representative & a >>>> security >>>> guard will accompany the group inside the park. But since the group >>>> members >>>> divided themselves into four smaller groups the park representatives >>>> ended >>>> up escorting only one small group while the other three groups went >>>> unescorted. Trouble began when the park escorts started denying entry to >>>> several rides. The other three groups which were moving on their own had >>>> done those rides by that time and therefore the members felt that the >>>> park >>>> should not deny those rides to other people with similar disabilities. >>>> Moreover, the park management was not able to quantify the conditions >>>> which >>>> according to them made these rides dangerous for some of the group >>>> members. >>>> They did not have any written instructions based on parameters such as >>>> age, >>>> body weight etc. for eligibility to various rides. There decisions were >>>> arbitrary and were based on physical appearance of the guests. >>>> >>>> >>>> >>>> When the group members opposed the decision of the park staff they >>>> tricked >>>> the group and said that after lunch the group could enjoy more rides. >>>> After >>>> lunch which was part of the package paid for by the group the park >>>> security >>>> staff denied entry to the group inside the amusement area. The group >>>> coordinators and mentors demanded explanation and they were told in >>>> clear >>>> words that the group will not accept such humiliation and will take all >>>> logical steps to safeguard their dignity. None of the senior staff of >>>> the >>>> park came forward to give any explanation for denying entry into the >>>> park >>>> and the group was left arguing with the security guards who said that >>>> they >>>> were just following orders and could not take decisions themselves. >>>> After >>>> the group did not give up and stuck to their positions inform of the >>>> entry >>>> gate the park authorities finally allowed entry into the park. As a part >>>> of >>>> the package the group had to be given access to a shaded area with >>>> seating >>>> arrangement for holding their meeting. Since much time was lost in >>>> arguments >>>> the group went to the meeting venue and held its discussions. In the >>>> meeting >>>> it was decided that the group would try to explore if there were any >>>> guidelines or best practices for handling people with disabilities in >>>> such >>>> amusement parks and will try to bring this incident to the notice of the >>>> larger community through blogs & emails. >>>> >>>> >>>> >>>> >>>> >>>> This Incident occurs even after India signed and ratified UN Convention >>>> on >>>> the rights of persons with disabilities. The appropriate article of the >>>> convention is reproduced below for the public awareness: >>>> >>>> ARTICLE 9 - ACCESSIBILITY >>>> >>>> >>>> >>>> 1. To enable Persons With Disabilities to live independently and >>>> participate >>>> fully in all aspects of life, States Parties shall take appropriate >>>> measures >>>> to ensure to Persons With Disabilities access, on an equal basis with >>>> others, to the physical environment, to transportation, to information >>>> and >>>> communications, including information and communications technologies >>>> and >>>> systems, and to other facilities and services open or provided to the >>>> public, both in urban and in rural areas. These measures, which shall >>>> include the identification and elimination of obstacles and barriers to >>>> accessibility, shall apply to, inter alia: >>>> >>>> >>>> >>>> (a) Buildings, roads, transportation and other indoor and outdoor >>>> facilities, including schools, housing, medical facilities and >>>> workplaces; >>>> >>>> >>>> >>>> (b) Information, communications and other services, including electronic >>>> services and emergency services. >>>> >>>> >>>> >>>> 2. States Parties shall also take appropriate measures to: >>>> >>>> >>>> >>>> (a) Develop, promulgate and monitor the implementation of minimum >>>> standards >>>> and guidelines for the accessibility of facilities and services open or >>>> provided to the public; >>>> >>>> >>>> >>>> (b) Ensure that private entities that offer facilities and services >>>> which >>>> are open or provided to the public take into account all aspects of >>>> accessibility for Persons With Disabilities; >>>> >>>> >>>> >>>> (c) Provide training for stakeholders on accessibility issues facing >>>> Persons >>>> With Disabilities; >>>> >>>> >>>> >>>> (d) Provide in buildings and other facilities open to the public signage >>>> in >>>> Braille and in easy to read and understand forms; >>>> >>>> >>>> >>>> (e) Provide forms of live assistance and intermediaries, including >>>> guides, >>>> readers and professional sign language interpreters, to facilitate >>>> accessibility to buildings and other facilities open to the public; >>>> >>>> >>>> >>>> (f) Promote other appropriate forms of assistance and support to Persons >>>> With Disabilities to ensure their access to information; >>>> >>>> >>>> >>>> (g) Promote access for Persons With Disabilities to new information and >>>> communication technologies and systems, including the Internet; >>>> >>>> >>>> >>>> (h) Promote the design, development, production and distribution of >>>> accessible information and communications technologies and systems at an >>>> early stage, so that these technologies and systems become accessible at >>>> minimum cost. >>>> >>>> >>>> >>>> Regards >>>> >>>> >>>> >>>> Sonu >>>> >>>> >>>> >>>> National Facilitator-Young Voices >>>> >>>> Web: www.lcdisability.org/youngvoices >>>> >>>> >>>> Search for old postings at: >>>> http://www.mail-archive.com/accessindia@accessindia.org.in/ >>>> >>>> To unsubscribe send a message to >>>> accessindia-requ...@accessindia.org.in >>>> with the subject unsubscribe. >>>> >>>> To change your subscription to digest mode or make any other changes, >>>> please visit the list home page at >>>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>>> >>> >>> >>> >>> Search for old postings at: >>> http://www.mail-archive.com/accessindia@accessindia.org.in/ >>> >>> To unsubscribe send a message to >>> accessindia-requ...@accessindia.org.in >>> with the subject unsubscribe. >>> >>> To change your subscription to digest mode or make any other changes, >>> please >>> visit the list home page at >>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>> >>> >> >> >> -- >> Akhilesh Kumar Dahiya, >> Advocate. >> Mobile: +91 9210616426 >> New Delhi >> >> >> Search for old postings at: >> http://www.mail-archive.com/accessindia@accessindia.org.in/ >> >> To unsubscribe send a message to >> accessindia-requ...@accessindia.org.in >> with the subject unsubscribe. >> >> To change your subscription to digest mode or make any other changes, >> please visit the list home page at >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >> > > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. 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