HC directs for Expert Committee on disability

Excelsior Correspondent

Srinagar, Apr 12: High Court has directed for formulation of Committee of Experts to examine the “Access Audit Check List” submitted before the Court with regard to providing adequate facilities to differently abled persons across the State.
The “Access Audit Check List” as prepared by the Ministry of Urban Development Department, Government of India was handed over to Division Bench of Chief Justice Gita Mittal and Justice Tashi Rabstan in open court and the Director of the School of Planning and Architecture has been directed to appoint a Committee of Experts in the field and include students who would examine the check list and make their suggestions with regard to such changes as would be necessary for implementation in the State.
The direction followed after the court was informed that the School of Planning & Architecture is in Srinagar, which would have the expertise to examine the Access Audit Check List and make further submissions.
Court further directed the Director of the School to also join Javed Ahmad Tak (petitioner) and Nipun Malhotra of Nipman Foundation of Delhi in the deliberations of the Committee with the help of video conferencing from their respective residences/ place of business in the meetings which are conducted by the Committee appointed by him. “The report in this regard be placed before us within one month from today”, DB directed.
Court said, after receiving the report, would proceed to make orders with the access auditing of the buildings having regard to the check list which would be placed by the experts.
To make an effective Access Audit, court said, it is essential to note that several departments of the State of Jammu and Kashmir are concerned with provision of public buildings and facilities in the State which may be accessed by differently abled persons.
The attention of the court was drawn to the fact that certain modifications to the check list Ministry of Urban Development Department may be necessitated keeping in view the topography of the State of Jammu & Kashmir and weather conditions in mind.
The issues including undertaking of Disability, Enabling facilities in existing building and infrastructure and public facilities, Enabling facilities in new/ under construction and proposed building facilities and infrastructure, The sensitization of all public officials as well as the citizenry to issues relating to the differently abled, Survey of all buildings and facilities in terms of the Access Audit Check List have been put before the court for consideration.
In view thereof, DB directed the Registrar Judicial to forward the Access Audit Check List to the Director of the School of Architecture for implementation of directions passed for him.
Court said, it appears that the issue of ensuring access to differently abled has not been considered at all by any authority in the State. “It is high time that concerned departments are sensitized in all aspects of ensuring access to those who are differently abled”, the court added.
Court appointed M/s Nipman Foundation as the agency which would conduct the training program and sensitization program for ensuring disability access to all in the State of Jammu and Kashmir.
Court said, every effort shall be made to ensure creation of pool of trainers of trainers for which purpose also training shall be conducted by the experts. “In order to undertake a meaningful exercise, it is necessary to appoint a Nodal Officer who would coordinate with the trainers in this critical area”, Court said.
Court in this connections directed to provide the order as well as copy of training program “Access to All Sensitization Program” to the Chief Secretary of the State of Jammu & Kashmir.
“He would appoint a Nodal Officer in the matter to coordinate amongst the authorities/ departments set out in the order”, DB said.
Secretaries of the concerned Departments have been directed to appoint their Nodal Officers who would ensure the nomination of officers as well as participation in the training programs which would be conducted on the subject.
The responsibility has been put on the Department of Tourism to ensure provision of appropriate and adequate facilities to undertake the training program.
“Inasmuch as the trainers from M/s Nipman Foundation have to travel from Delhi and also expenses would be incurred on the training program as well as the training materials, which would be needed, it is directed that the Department of Social Welfare would be responsible for all expenses”, road the order.

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