Access Denied, Law is ignored
22 November 2016Recently, Minister of Social Empowerment and Welfare, S.B. Dissanayake stressed that the Ministry of Social Empowerment and Welfare is to take legal action against the Local Bodies which approve plans of buildings which lack accessibility for people with disabilities.
As per the Gazette Notification 1,467/15, every public place should be accessible to all people including those who are with disability. The Gazette Notification specified that within three years public places should be made accessible to persons with disabilities and the deadline was extended to 17 October 2011 and extended again to 17 October 2014. Meanwhile, the Supreme Court ruling issued on 28 October 2011, stressed that every newly constructed building should have equal access.
Against this non-compliance of regulations, Dr. Ajith Perera filed a public interest petition in the Supreme Court in 2009, in the larger interests of the country. After two years, the Supreme Court gave a ruling saying that all parts of new buildings should comply with standards. The Court Order further stipulated that owners and heads of an establishment occupying such premises, even tenants are responsible to enforce the Court Order. It further said it is mandatory to first approve building plans with accessibility for all people.
As per the Supreme Court ruling which was issued on 28 October 2011, it was also stated that failure to comply with the regulation would be serious offence attracting punitive repercussions. Anybody experiencing hardships due to non-compliance with standards in the new buildings, as per indicators given by the Supreme Court, are at liberty to take legal action.
Sadly though, what we witness is ignoring the law by public as well as government institutions. Many new buildings are constructed without ensuring the equal access. Constructing a ramp to access a building and place brail signs in the building in order to ensure equal access and comply with the law is not considered a matter of importance. It appears that bribes given to those who approve plans in local bodies had ensured the approval of plans of buildings which do not have access to those who have disabilities.
The matter does not need any more baby-sitting or lagging. Stern legal action should be taken against those who had approved plans of buildings which do not have access to people with disabilities. In a way, non-compliance with the ruling of the Supreme Court can be considered contempt of Court which too is a serious offence.
25 years back, in USA, the government passed the Americans with Disabilities Act (ADA). The 1990 Act ensured that not only every public place, but also public transport is accessible to the people with disabilities. Although Sri Lanka has the laws in place, the implementation has not taken place which has violated human rights of the people with disabilities even when the law protects it.
This issue also reflects a far wider and important issue. That is the respect which the public has for the law. For a country to develop, it needs generation of people who respects the law of the country. Sadly, in Sri Lanka, people have forgotten the importance of the law. Starting from not using the zebra crossing to cross the road when it is few metres away to putting public property to personal use, people have ignored the law. For any society to develop and reach higher levels, the strong presence of the rule of law is very vital. It is high time that Sri Lankan public realizied the importance of respecting the law. That must be started from politicians and public servants.
In that context, the decision of the Ministry of Social Welfare and Empowerment is very vital. They must go ahead and take legal action against those who had violated the law. That will open the eyes of many of those who ignore the law.
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