Compliance of Accessibility Regulations :

Serving people with special needs

M.K.P. Chandralal Attorney-at-Law

The Supreme Court recently ruled that all authorities empowered to approve building plans should refrain from approving or issuing any certificate of conformity which are not in compliance with the provisions set out in the Protection of the Rights of Persons with Disabilities Act No. 28 of 1996 as amended and the regulations made there under.

The Court made this order in the Fundamental Rights application filed by Dr. Ajith C.S. Perera, Chief Executive/Secretary General of Idiriya against all Cabinet Ministers, all Chief Secretaries, Commissioner of Local Government, Director/Tourism, Inspector General of Police, Provincial Secretary, Secretary/Urban Development, Urban Development Authority and the Attorney General. Idiriya is an NGO registered under the Ministry of Social Services and Social Welfare.

Dr. Perera, in his petition, requested the Supreme Court to issue an Interim Order against the Minister of Social Services and Social Welfare, directing him to act under and in terms of section 25(1) of Act No. 28 of 1996 and to duly make and issue within a period of one month or such other date as to Court shall seem fit, such further regulations as are necessary in order to ensure full and safe access with dignity to all buildings where public has access to or is entitled to use and also a direction to the Minister of Tourism specifically, as high priority to provide accessibility facilities in five, four and three star hotels, motels and tourist resorts within a period of two months.

Protection

However, the Supreme Court recognised that under the existing laws in terms of the protection of the Rights of Persons with Disabilities Act No. 28 of 1996 as amended and the Accessibility Regulations No. 1 of 2006 made under the said Act, the provisions are well in place to provide reasonable access to persons with physical disabilities and those who violate the said regulations would attract punitive repercussions as set out in the law. On October 17, 2006, the regulations No. 01 of 2006 were gazetted under and in terms of protection of the Rights of Persons with Disabilities Act No. 28 of 1996.

Regulation 3(2) states that "no certificate of conformity shall be issued by any relevant authority in respect of any building, construction, reconstruction or renovations of public building unless the relevant authority is satisfied that the plan is in conformity with accessibility facilities for the persons with disabilities."

Failure to adhere to these regulations would liable upon conviction after summary trial before a magistrate a fine not exceeding Rs 10,000 or to imprisonment for a term not exceeding one year or both under sec. 34 of the Act.

Therefore, since 2006 any interested person could take legal action against any person or authority who violates the regulations made under Protection of the Rights of Persons with Disabilities Act No. 28 of 1996.

The Supreme Court refrained from issuing an interim relief against the Minister of Social Services as requested by the petitioner and ordered that all new "public buildings" as defined in the accessibility regulations No. 01 of 2006 made under the Protection of Persons with Disabilities Act No. 28 of 1996, as amended, should provide reasonable access to persons with physical disabilities in accordance with the regulations enforced. Failure to do so would attract punitive repercussions as set out in the law.

Since 2006, the Ministry of Social Services and Social Welfare under the direction of Minister Douglas Devananda carried out a number of projects and programs to ensure accessibility facilities for persons with disabilities.

Year 2007 was declared as the "Year of Accessibility" and two Cabinet approvals were obtained to request all the Ministers to allocate necessary funds to provide accessibility facilities to the persons with disabilities in the buildings coming under respective Ministers.

Legal requirement

Regular inter-ministerial meetings were held since 2007 under the chairmanship of Secretary, Ministry of Social Services and Social welfare to emphasise the need to adhere to the legal requirement to provide accessibility facilities in public buildings for the Persons with Disabilities and upto now, eight such meetings have been held. Necessary funds were provided to a number of State institutions and Municipal Councils to provide accessibility facilities for the persons with disabilities in the public buildings coming under their purview.

Accordingly, several Ministers have already shown reasonable progress in this connection. However due to financial constrain still lots of work has to be done to provide satisfactory progress in keeping with the regulations.

Although legal provisions are in place to ensure the safe and unrestricted access to all public buildings for the persons with disabilities, the law alone is not enough for the full implementation of the program.

It's a moral duty of all concerned to provide ready and equal access to built environment for all the Persons with Disabilities in a dignified manner to ensure better standard of living as equal citizens, as guaranteed by the constitution of Sri Lanka.

Therefore, all interested parties should extend their fullest co-operation to the Ministry of Social Services and Social Welfare for its endeavour for the full implementation of the regulations gazetted in 2006 and 2009 under and in terms of Protection of the Rights of Persons with Disabilities Act No. 28 of 1996 which guarantee the access to Public Buildings, recreation and transport facilities of the persons with disabilities.

The writer is Co-ordinating Secretary to the Social Services and Social Welfare Minister