...... DISABILITY - A PARADIGM SHIFT: FROM WELFARE TO HUMAN RIGHTS 5 have done precious little to modify the norms of ‘Buildings and Town Planning’. Likewise, the transport systems such as trains and buses continue to be fabricated on standards, which fail to accommodate accessibility norms and the principle of non-discrimination. Telecommunications, broadcasting, and other systems of information are also out of the reach of a vast majority of the disabled for similar reasons. 2.9 The Commission is, therefore, of the firm opinion that the Government of India and State Governments should elaborate and adopt a National/State Plan on accessible infrastructure for persons with disabilities in order to ensure access without discrimination to built environment, transport system, telecommunication, information and broadcasting. The Commission has also advised the State and UT Administrations to encourage Municipal Corporations to adopt ‘Model Building Bye-Laws’ circulated by the Ministry of Urban Affairs and Employment, Government of India and to ensure proper utilization of budget allocated under the Swaran Jayanti Punarwas Yojana meant for creating barrier free facilities in the villages so that the school buildings, post offices, health centres, Panchayat buildings, buses and railway stations become accessible to the rural disabled. The negligible improvements on this front have often been attributed to resource crunch. The Commission fails to accept it since a large part of budget under the rural development schemes for creating barrier free facilities in the villages remain grossly underutilized. Similarly, the modifications in the building byelaws by the local authorities entail hardly any expenditure and yet, insignificant improvements had been noted during the period under review. The Commission notes with deep concern that denial of access has deprived the disabled of their other fundamental rights and freedoms. 2.10 The conditions of the disabled persons at the grass root level require serious consideration. There is a need to harness the potential of Panchayati Raj Institutions to protect and promote the rights of the disabled at the village level. 2.11 Accessibility has been the overriding concern in the disability rights debate throughout the world. If access is guaranteed, persons with disabilities can use, interact and participate in social institutions and environments to the same extent as others. The capacity of people with disability to fully participate in all aspects of community life is not so much hampered by the impairments as due to inflexible systems, processes and structures. A study commissioned by the office of the UN High Commissioner for Human Rights notes that “all points of access to the structures of everyday life – the world of education, of work, of family or of social interaction – are set largely by reference to the dominant norm of the ablebodied.” Therefore, discrimination occurs when the difference of disability is discounted while regulating the terms of access and participation. ANNUAL REPORT 2003-04