Prakash Kamat
Panaji,March 26- A complaint has been lodged by a person with disabilities(PwD) with Goa State Disability Commissioner against Director,Sports Aurhority Goa(SAG) under Sections 3, 30, 92, of the Rights of Persons with Disability Act, 2016 for lack accessibility of Shyama Prasad Mukherjee Indoor Stadium, Taleigao, Tiswadi Goa, causing discrimination to the Persons with Disabilities.
The applicant Mr. Vishant S. Nagvekar(50),a person with 89% disability, has submitted that the state-of-the-art structure of the Shyama Prasad Mukherjee Stadium, situated at Taleigao Tiswadi Goa, hosts several sporting events, celebration, exhibitions, events of national and international fame and importance, seminars, inaugural ceremonies, inaugural ceremonies, including swearing ceremony of Hon’ble Chief Minister of Goa and election related events, etc.
While the ramps are installed at this government premises, however, the same are defective and the required gradient, are handrails or grab bars are missing or not provisioned thereby causing harassment and discrimination and as such it violates the section 3 of the Rights of Persons with Disabilities. Hence the Persons with Disabilities are denied access to the aforesaid stadium and, therefore, unable to attend any event, celebration, etc., organised at this prestigious premises owned and controlled by the SAG.
He has complained that the Persons with disabilities often face societal barriers and evoke negative perceptions and discrimination in the society. As a result of the stigma associated with disability, persons with disabilities are generally excluded from education, employment and community life,which deprives them of opportunities essential to their social development, health and well-being. Sport and inclusion in all the activities can help reduce the stigma and discrimination associated with disability which can also resort to transform community attitudes about persons with disabilities by highlighting their skills and reducing the tendency to see the disability instead of the person. Through inclusion the persons without disabilities interact with persons with disabilities in a positive context forcing them to reshape assumptions about what persons with disabilities can and cannot do.
He has noted that the inclusion can change the person with disability in an equally profound way by empowering persons with disabilities to realize their full potential and advocate for changes in society. Through inclusion and full participation, persons with disabilities acquire vital social skills, develop independence, and become empowered to act as agents of change. Inclusion and active participation is also well-suited to reducing dependence and developing greater independence by helping persons with disabilities to become physically and mentally stronger.
He said that due to inaccessibility of the Stadium the Persons with Disabilities are deprived from full and active participation in any events organized including sports events and practice at this venue.
He has further brought to the notice of the State Disability Commissioner that the lift has been installed at this premises.However, the same have been left un-operational and therefore the access of the Persons with Disabilities and Senior Citizen have been excluded, debarred and deprived. Further, due to non functioning of the lift / elevator the staff / employees of SAG, and visitors with disabilities, para players, etc., are not able to access upper floor of the Stadium and the office of the State government-owned SAG.
The relevant extract of the said above section is reproduced here under for ready reference:
3. Equality and non-discrimination..
(1) The appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.
(2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment.
(3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim.
(4) No person shall be deprived of his or her personal liberty only on the ground of disability.
(5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities.
The complainant points out that the section 30 of the Rights of Persons with Disabilities Act, 2016 provides for sporting activities especially to the Persons with Disabilities, which the SAG and Goa government and failed to adhere and provide basic facilities to the Persons with Disabilities not only at the Shyama Prasad Mukherjee Indoor Stadium, but also at all the other Indoor Stadium at various places in the State.
The extract of the provisions referred hereinabove is reproduced below for ready reference:
30. Sporting activities.. (1) The appropriate Government shall take measures to ensure effective participation in sporting activities of the persons with disabilities.
(2) The sports authorities shall accord due recognition to the right of persons with disabilities to participate in sports and shall make due provisions for the inclusion of persons with disabilities in their schemes and programmes for the promotion and development of sporting talents.
(3) Without prejudice to the provisions contained in sub-sections (1) and (2), The appropriate Government and the sports authorities shall take measures to,
(a) Restructure courses and programmes to ensure access, inclusion and participation of persons with disabilities in all sporting activities;
(b) Redesign and support infrastructure facilities of all sporting activities for persons with disabilities;
(c) Develop technology to enhance potential, talent, capacity and ability in sporting activities of all the persons with disabilities;
(d) Provide multi-sensory essentials and features in all sporting activities to ensure effective participation of all persons with disabilities;
(e) Allocate funds for development of state of art sport facilities for training of persons with disabilities;
(f) Promote and organise disability specific sporting events for persons with disabilities and also facilitate awards to the winners and other participants of such sporting events.
Whereas the provision of accessibility at public places / premises has been mandated under the Rights of Persons with Disabilities Act, 2016. The 05 years time period have been granted under the Act, 2016 for providing accessibility to the old building. However, the authorities have failed to adhere to the appropriate sections of the Act, 2016 and rectify the faulty gradient of the ramps till date,stated the complaint.
In view of the above, the applicant has demanded that
(a)The faulty gradient of the ramps at the Stadium may be rectified in accordance with the law in force at the earliest.
(b) The handrails / grab bars and tactile guides for visual impaired may be installed wherever required at the Stadium.
(c) The toilet / washrooms may be fitted with wider door for wheelchair accessibility and anti skid flooring, grab bars in accordance with the law in force.
(d) That all the Stadiums under the control of the Respondents may be made accessibility to the Persons with Disabilities.(eom)
Right move. These should be taken up suo moto in the first place. All buildings need to be inspected and due rectifications need to be done
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