MParalympic wheelchair basketball champion and national swimmer, Adhavi along with around 107 others owns an apartment in a residential complex in Chennai. She pays her monthly maintenance fee regularly like others. Recently, he requested the premises to install a pool lift to make the apartment swimming pool accessible to people with disabilities and senior citizens. Instead of taking action, Madhavi had to face the discriminatory attitude of the office bearers of the apartment association. She also came forward to bear the financial expenses of the pool lift, which would cost around Rs 1.3 lakh, and brought in experts and manufacturers, and submitted a report on the safety of the lift to the association. But he was hesitant to approve.
Recently, Madhavi got a letter from the association that the pool would be allowed under certain conditions. He must submit a safety certificate, have an annual AMC, and have to enter into an agreement with the apartment association taking full responsibility of the lift. All these terms are unreasonably harsh, completely discriminatory and in violation of the Rights of Persons with Disabilities Act 2016.
Even though Section 5 of the Act enshrines community living for people with disabilities, they face a lot of harassment and ostracism when it comes to housing. Along with police officers, lawyers and transgender people, Indians with disabilities and parents of children with disabilities are not preferred as tenants. Even if a generous landlord comes forward, he will not be able to reach home. Not all Persons with Disabilities (PWD) can afford a dream home.
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The need for ‘reasonable accommodation’
The National Building Code reiterates the importance of accessibility and the need for universal design to create a barrier-free built environment for people with disabilities and the elderly, but many residential apartments and complexes do not seem to bother about these aspects. It is the responsibility of builders/promoters to make residential buildings accessible. For example, allocating a house on the ground floor for a disabled person, earmarking or assigning specific car parking spaces, and making common facilities such as swimming pools, gyms, parks accessible. Once the premises are handed over by the promoter, it becomes the duty of the apartment association to provide proper accommodation.
The 2016 Act defines fair accommodation as “necessary and reasonable modifications and adjustments, without imposing disproportionate or undue burden in any particular case, to ensure the enjoyment or exercise of rights by persons with disabilities equitably with others”. . The principle of fair housing is a component of equality and it assumes the affirmative obligation of a party to provide additional support to persons with disabilities to facilitate their full and effective participation in society. As in Madhavi’s case, a pool lift is a proper accommodation, which is necessary for her to enjoy the swimming pool equally with others.
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make buildings accessible
To solve these issues faced by people with disabilities, NGOs like SCAN (Special Child Assistance Network) are coming up with community living with accessible facilities for people with disabilities. However, these community living spaces are exclusively for PwDs away from mainstream society. In order to mainstream people with disabilities and make them a part of the society, all building approvals and approvals should be given only if the building plan strictly adheres to the access standards of the National Building Code and the relevant guidelines for barrier and space standards. Ho-free built environment.
After the residential apartment is assigned, it should be the obligation of the apartment association to provide all reasonable accommodation for common facilities on the premises. As far as possible, these apartment associations should be inclusive with the representation of residents with disabilities. People should be made aware of disability rights and issues to prevent harassment and hostile behavior when they approach landlords for rent. The Commissionerate for Persons with Disabilities should take up housing related matters of PWDs on priority and come up with comprehensive guidelines covering these aspects.
Fair accommodation is not a personal favor, it is an obligation.
Karpagam Mayavan is the first woman visually impaired advocate in the Madras High Court. Thoughts are personal.