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  • 20140910-Wp38224of2005 and MP16286 of 2006-MHC RR-PIL-BusBus

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    Disability Rights Alliance
    24 vues5 pages
    === Transport access, Tamil Nadu, accessibility, Disability, PIL === Public transport still inaccessible 12/6/2011 Challenging: (Clockwise from top left) Disability rights activist Rajiv Rajan comes to the Adyar bus stop: one of the seven disabled-friendly MTC buses arrives at the stop: Rajiv Rajan boards the bus using the lift-like mechanism. — Photos: K.V. Srinivasan Arriving at the Adyar bus stop around noon on a sweltering Monday, Rajiv Rajan (38) joined a crowd of waiting passengers. He is unique among MTC's 56 lakh daily passengers. Mr. Rajan has cerebral palsy and his motor functions are heavily restricted. Being wheelchair-bound, he found it extremely difficult to even reach the bus stop. There was no ramp and the approach was filled with debris, as the bus shelter's surface had disintegrated. “What is the point of having a bus stop if it is difficult to access even for those who can walk?” he asks. The plan was to board one of MTC's newly launched disabled-friendly buses, which operates along route A1 (Thiruvanmiyur – Chennai Central). The wait began around 12.10 p.m. One bus was expected to arrive at the stop within the next 10 minutes. Mr.Rajan was hopeful. It was his public interest litigation filed before the Madras High Court in 2005 that set the ball rolling on the need to provide access to public transit for persons with disability. The Court ruled in 2006 that MTC must operate at least 10 disabled-friendly buses to start with. But only two such buses would ply on the city's roads for the next five years. “My PIL did not change much. Public transport is still very inaccessible for the disabled,” says Mr. Rajan. The Court also asked MTC to consider low-floor buses for the needs of the disabled. Though MTC has rolled out over 1,300 new buses since the 2006 ruling, none of them have any specific features to improve access for the differently-abled. As the bus did not arrive on time, Mr.Rajan started reminiscing about his recent trip to Seoul in South Korea. “Public transit and public places were so accessible there. You can go anywhere you want without support. So it is not something that can't be done. It is a question of attitude.” He says that there is no convergence of thought within and between government departments when it comes to issues relating to the rights of the disabled. Mr.Rajan says that bus conductors have still not been trained to not demand ‘luggage charges' from a wheelchair-bound person. “It happened as recently as two days ago. My wheelchair is like my leg. It is demeaning to buy an extra ticket for what, for me, is like a body part,” he says. By 1 p.m., the disabled-friendly bus still remained elusive. In the meantime, six regular A1 buses had come and gone. “The frequency of the service is once every two hours and even that is not reliable. How can I take it to catch a train or go somewhere on time?” asks Mr.Rajan with a smile. When the bus finally arrived at 1.20 p.m., it took a full three minutes for him to board the bus though he had a person to help. But he got down immediately, finding the lift-like mechanism unsafe. “I can easily rollback. There is no handrail or adequate space for the wheelchair's foot rest.” He says that unless a person with disability boards the bus at the terminus, where there will be enough time and adequate room inside the vehicle, the buses are pretty much unusable. Thus, he never got to use the bus that was specially meant for people like him. For the estimated one lakh disabled persons in the city, he says there is still room for hope. “Things can and will change. We have the required technology. But it has to start with a shift in mindset – that the disabled also deserve a dignified way of travelling.” thehindu.com/todays-paper/tp-national/tp-tamilnadu/public-transport-still-inaccessible/article2690723.ece

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    === Transport access, Tamil Nadu, accessibility, Disability, PIL === Public transport still inaccessible 12/6/2011 Challenging: (Clockwise from top left) Disability rights activist Rajiv Rajan comes to the Adyar bus stop: one of the seven disabled-friendly MTC buses arrives at the stop: Rajiv Rajan boards the bus using the lift-like mechanism. — Photos: K.V. Srinivasan Arriving at the Adyar bus stop around noon on a sweltering Monday, Rajiv Rajan (38) joined a crowd of waiting passengers. He is unique among MTC's 56 lakh daily passengers. Mr. Rajan has cerebral palsy and his motor functions are heavily restricted. Being wheelchair-bound, he found it extremely difficult to even reach the bus stop. There was no ramp and the approach was filled with debris, as the bus shelter's surface had disintegrated. “What is the point of having a bus stop if it is difficult to access even for those who can walk?” he asks. The plan was to board one of MTC's newly launched disabled-friendly buses, which operates along route A1 (Thiruvanmiyur – Chennai Central). The wait began around 12.10 p.m. One bus was expected to arrive at the stop within the next 10 minutes. Mr.Rajan was hopeful. It was his public interest litigation filed before the Madras High Court in 2005 that set the ball rolling on the need to provide access to public transit for persons with disability. The Court ruled in 2006 that MTC must operate at least 10 disabled-friendly buses to start with. But only two such buses would ply on the city's roads for the next five years. “My PIL did not change much. Public transport is still very inaccessible for the disabled,” says Mr. Rajan. The Court also asked MTC to consider low-floor buses for the needs of the disabled. Though MTC has rolled out over 1,300 new buses since the 2006 ruling, none of them have any specific features to improve access for the differently-abled. As the bus did not arrive on time, Mr.Rajan started reminiscing about his recent trip to Seoul in South Korea. “Public transit and public places were so accessible there. You can go anywhere you want without support. So it is not something that can't be done. It is a question of attitude.” He says that there is no convergence of thought within and between government departments when it comes to issues relating to the rights of the disabled. Mr.Rajan says that bus conductors have still not been trained to not demand ‘luggage charges' from a wheelchair-bound person. “It happened as recently as two days ago. My wheelchair is like my leg. It is demeaning to buy an extra ticket for what, for me, is like a body part,” he says. By 1 p.m., the disabled-friendly bus still remained elusive. In the meantime, six regular A1 buses had come and gone. “The frequency of the service is once every two hours and even that is not reliable. How can I take it to catch a train or go somewhere on time?” asks Mr.Rajan with a smile. When the bus finally arrived at 1.20 p.m., it took a full three minutes for him to board the bus though he had a person to help. But he got down immediately, finding the lift-like mechanism unsafe. “I can easily rollback. There is no handrail or adequate space for the wheelchair's foot rest.” He says that unless a person with disability boards the bus at the terminus, where there will be enough time and adequate room inside the vehicle, the buses are pretty much unusable. Thus, he never got to use the bus that was specially meant for people like him. For the estimated one lakh disabled persons in the city, he says there is still room for hope. “Things can and will change. We have the required technology. But it has to start with a shift in mindset – that the disabled also deserve a dignified way of travelling.” thehindu.com/todays-paper/tp-national/tp-tamilnadu/public-transport-still-inaccessible/article2690723.ece

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    24 vues5 pages

    20140910-Wp38224of2005 and MP16286 of 2006-MHC RR-PIL-BusBus

    Transféré par

    Disability Rights Alliance
    === Transport access, Tamil Nadu, accessibility, Disability, PIL === Public transport still inaccessible 12/6/2011 Challenging: (Clockwise from top left) Disability rights activist Rajiv Rajan comes to the Adyar bus stop: one of the seven disabled-friendly MTC buses arrives at the stop: Rajiv Rajan boards the bus using the lift-like mechanism. — Photos: K.V. Srinivasan Arriving at the Adyar bus stop around noon on a sweltering Monday, Rajiv Rajan (38) joined a crowd of waiting passengers. He is unique among MTC's 56 lakh daily passengers. Mr. Rajan has cerebral palsy and his motor functions are heavily restricted. Being wheelchair-bound, he found it extremely difficult to even reach the bus stop. There was no ramp and the approach was filled with debris, as the bus shelter's surface had disintegrated. “What is the point of having a bus stop if it is difficult to access even for those who can walk?” he asks. The plan was to board one of MTC's newly launched disabled-friendly buses, which operates along route A1 (Thiruvanmiyur – Chennai Central). The wait began around 12.10 p.m. One bus was expected to arrive at the stop within the next 10 minutes. Mr.Rajan was hopeful. It was his public interest litigation filed before the Madras High Court in 2005 that set the ball rolling on the need to provide access to public transit for persons with disability. The Court ruled in 2006 that MTC must operate at least 10 disabled-friendly buses to start with. But only two such buses would ply on the city's roads for the next five years. “My PIL did not change much. Public transport is still very inaccessible for the disabled,” says Mr. Rajan. The Court also asked MTC to consider low-floor buses for the needs of the disabled. Though MTC has rolled out over 1,300 new buses since the 2006 ruling, none of them have any specific features to improve access for the differently-abled. As the bus did not arrive on time, Mr.Rajan started reminiscing about his recent trip to Seoul in South Korea. “Public transit and public places were so accessible there. You can go anywhere you want without support. So it is not something that can't be done. It is a question of attitude.” He says that there is no convergence of thought within and between government departments when it comes to issues relating to the rights of the disabled. Mr.Rajan says that bus conductors have still not been trained to not demand ‘luggage charges' from a wheelchair-bound person. “It happened as recently as two days ago. My wheelchair is like my leg. It is demeaning to buy an extra ticket for what, for me, is like a body part,” he says. By 1 p.m., the disabled-friendly bus still remained elusive. In the meantime, six regular A1 buses had come and gone. “The frequency of the service is once every two hours and even that is not reliable. How can I take it to catch a train or go somewhere on time?” asks Mr.Rajan with a smile. When the bus finally arrived at 1.20 p.m., it took a full three minutes for him to board the bus though he had a person to help. But he got down immediately, finding the lift-like mechanism unsafe. “I can easily rollback. There is no handrail or adequate space for the wheelchair's foot rest.” He says that unless a person with disability boards the bus at the terminus, where there will be enough time and adequate room inside the vehicle, the buses are pretty much unusable. Thus, he never got to use the bus that was specially meant for people like him. For the estimated one lakh disabled persons in the city, he says there is still room for hope. “Things can and will change. We have the required technology. But it has to start with a shift in mindset – that the disabled also deserve a dignified way of travelling.” thehindu.com/todays-paper/tp-national/tp-tamilnadu/public-transport-still-inaccessible/article2690723.ece

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    1

    IN THE HIGH COURT OF JUDICATURE AT MADRAS


    DATED : 10-9-2014
    CORAM
    THE HONOURABLE MR.SANJAY KISHAN KAUL, THE CHIEF
    JUSTICE
    AND
    THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
    WRIT PETITION No.38224 of 2005
    and
    W.P.M.P.No.16286 of 2006
    Rajiv Rajan

    .. Petitioner

    vs
    1.The Chairman and Managing
    Director
    Metropolitan Transport Corporation
    (Chennai) Ltd.,
    An Undertaking of the Government
    of Tamil Nadu
    Pallavan House, Anna Salai,
    Chennai 600 002
    2.The Commissioner
    Corporation of Chennai
    Ripon Building, Chennai 600 003
    3.The State Co-ordination Committee
    Rep. By Chairperson
    Secretary,
    Department of Social Welfare
    Government of Tamil Nadu
    Fort St. George, Chennai 600 009
    4.The Commissioner for Persons with
    Disabilities
    15/1, Model School Road
    Thousand Lights, Chennai 600 006

    .. Respondents

    Writ petition filed under Article 226 of the Constitution of


    India praying for issuance of a writ of mandamus directing the
    respondents more particularly respondents 1 and 2 to implement The

    2
    Persons with Disabilities (Equal Opportunities, Protection of Rights and
    Full Participation) Act, 1995 in its spirit by providing user friends
    transport, access and barrier free environment in the public places
    giving access to the usage of transport system.
    For Petitioner

    : Mr.Ramalingam

    For Respondents

    : Mrs.Rita Chandrasekar for R1


    Mr.R.Arunmozhi for R2
    Mr.S.T.S.Moorthy
    Government Pleader for RR3 & 4
    Mr.T.Mohan
    Amicus Curiae
    ORDER

    (Order of the Court was made by THE HON'BLE THE CHIEF


    JUSTICE)

    We have perused the orders passed from time to time. We


    see no need of passing any further orders as the order dated 2.3.2006
    is comprehensive itself and there have been follow up orders.

    The

    question is qua implementation of the order. We thus dispose of the


    writ petition in terms of order already passed on 2.3.2006.

    2.The Government is directed to file compliance report


    every month setting out what action they have taken under Sections
    44 to 46 of the Persons with Disabilities (Equal Opportunities,
    Protection of Rights and Full Participation) Act, 1995, separately in that

    3
    month to comply with the directions.
    every month for compliance.

    The matter will thus be listed

    There shall be no order as to costs.

    Consequently, connected WPMP is closed.

    3.List for compliance on 30.10.2014.

    4.Report be filed a week before the next date of hearing


    with advance copy to the learned Counsel for petitioner and the
    Amicus Curiae.

    5.Copy of the order be issued to the Chief Secretary and


    the second respondent.

    Index: yes/no

    (S.K.K.,C.J.)
    (M.S.N.,J.)
    10-9-2014

    nsv
    To:
    1.The Chief Secretary
    Government of Tamil Nadu
    Secretariat, Fort St. George
    Chennai 600 009
    2.The Chairman and Managing
    Director
    Metropolitan Transport Corporation
    (Chennai) Ltd.,
    An Undertaking of the Government
    of Tamil Nadu
    Pallavan House, Anna Salai,
    Chennai 600 002

    4
    3.The Commissioner
    Corporation of Chennai
    Ripon Building, Chennai 600 003
    4.The Chairperson
    State Co-ordination Committee
    The Secretary,
    Department of Social Welfare
    Government of Tamil Nadu
    Fort St. George, Chennai 600 009
    5.The Commissioner for Persons with
    Disabilities
    15/1, Model School Road
    Thousand Lights, Chennai 600 006

    5
    THE HON'BLE THE CHIEF
    JUSTICE
    AND
    M.SATHYANARAYANAN, J.

    nsv

    W.P.No.38224 of 2005

    Dt: 10-9-2014

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