Disability and the UK Visa

I had been invited for a business meeting to London on a short notice. I knew getting a visa for UK was not an easy task at all and needed time. I asked the company I was going to meet and who was sponsoring my trip to send invitation letters for me and my carer ASAP. The invitation letters arrived and they stated in very clear English :

“Shivani Gupta a leading authority on accessibility in India ..…… In this respect her presence is urgently required for a meeting in London from ………(date). Since Shivani Gupta is disabled she will need to be accompanied by her carer (carers name)

All expenses for both of them regarding travel and hotel accommodation will be borne by our company.”

I had travelled to Spain with my carer just a couple of months back and had the entire set of all other documentation required ready with me. I filled our visas under ‘Business Visa’ category as the invitation letter said that I was travelling for a business meeting my personal carer was to accompany me. Along with it I gave a visa fees of about Rs5000/- each and all other financial documents they required.

At the time of submitting our forms the lady at the counter informed me that I would need to fill another form for my carer as she was going to be in my service during the travel. And that the fee for the other visa form was about Rs 18,000/- 

I was shocked. I thought she didn’t understand my case. I tried to clarify

‘…bbut she had an invitation letter in her name stating that her trip is sponsored by the company and we were going to be in UK for only 4 days.’

‘I know’ she responded, ‘but you still need to fill the other visa form’

‘but Rs 18,000/- for 4 days……doesn’t it sound ridiculous?’

‘Its your wish madam’ she responded ‘you can fill the business visa form if you like, but I am just informing you.’

Rs 18,000/- for 4 days was not something I could afford, so taking a chance I filled the business visa form, deposited Rs 10,000/- as fees for both of us. I was positive to get the visa as:

1.     We had an invitation letter for both of us

2.     We had adequate supporting financial worth papers.

3.     My carer had lived in the UK with me for nearly 2 years in the past and

4.     She had a live Schengen visa in her passport.

To my disappointment her visa was rejected on the pretext that she wasn’t going for a business trip in fact was traveling in my service as a carer. Sure enough bit in other words it meant that if I had filled the Rs 18,000/- visa form she would have got the visa.

I found the matter very discriminatory especially after the UNCRPD is in force that talks about non-discriminatory immigration rules.

Is it not discriminatory that I am required to pay a heightened visa fee of Rs18,000/- for my personal carer’s visa just because  I cannot travel without her?

It is more like a fine I need to pay to the UK Government because I am disabled and require a personal carer.

The repercussion of this on me was that I was unable to travel also and had to miss my business meeting and miss the future business prospects just because my carer was refused a visa. Is it fair?

Air Travel with my Electric Wheelchair

I started using an electric wheelchair nearly 3 years ago. Over time it has changed my output, my independence, my social life, in other word it has changed my life for the better. For two years I used my electric chair only in and around home as electric wheelchairs are heavy and not always folding making them difficult to transport in a regular car.

Just a couple of months back I decided to travel with it to Spain. This was the first time when I took my chair by flight. I had no idea how it was all going to work out with the airlines but considering it was international travel, I knew it would be fine. Sure it did work out well and I am glad I decided to travel in it because air travel was convenient and to top it I used it in train as well as taxi travel. I other words I did not need to shift out of my chair at all while in Spain. This trip gave me a lot of confidence about traveling with my electric wheelchair.

Next it was time to try travelling with the electric wheelchair within India. On one occasion when I was going to travel by Spice Jet, they refused to carry the chair if it did not fold.  Another time while I was flying Jet lite the budget airline owned by Jet Airways, they were most comfortable carrying my non-foldable 60kg electric wheelchair. The only thing they wanted to ensure was that my chair had dry batteries. It was easy and my chair reached the destination undamaged.  I was impressed by the Jet Airways and defiantly know that Spice Jet and Indigo are not the best airlines for disabled travels.

Following the enactment of the Civil Aviation Requirement for Carriage of disabled people, the only two notable benefits that I can see is 1. As a disabled person I can refuse to sign an indemnity form that frees the airlines from the same commitments it has towards a disabled person as it has for all other passengers and 2. My being able to carry my electric wheelchair easily on a budget airline even if it is on one airline.

Shivani Gupta
AccessAbility
www.AccessAbility.co.in

Dinner at Chokhi Dhani , Jaipur

I was visiting Jaipur for work. I had some free time at hand so decided to visit the famous Choki Dhani. I had been to Jaipur several times before but somehow never got the opportunity to visit this village fair. I had no idea what to expect. All I knew was one could eat authentic Rajasthan cuisine here.

As I wheeled into the big royal looking gates over a bumpy cobble stone passage, there were these young chirpy girls dressed in Rajasthani clothes, who came giggling towards us carrying a tray with rose petals and tikka. They put a tikka on my forehead something I hadn’t for so long. It somehow made me feel very special. I wonder why…

Anyhow my bumpy ride continued till the person selling entry tickets and dinner coupons. Dressed as a traditional muneemji , he sat behind a wooden trunk on a platform surrounded by a number of visitors buying tickets. I waited patiently till my chance came. Sitting on my wheelchair I was not as high as him and knew that I would need to be a little aggressive to get my tickets.

Just as I extended my hand with the money and craned my neck up to talk to him three sardaar men came and stood right in front of me blocking me out completely. I was irritated. It was like I did not exist. I revolted and said that I was in the queue before them, but that didn’t seem to matter. This kind of uncouth rudeness is probably only possible in India. I was irritated, angry and saw myself categorizing all men into being shameless, cheap, effeminate species. Suddenly all my excitement seemed to vanish.

In any case I got me tickets next and wheeled towards entrance grumbling. There was a metal detector I needed to wheel through which was very narrow but just about broad enough to let my chair pass. Thank god for that because this was the only entrance they had – there wasn’t an alternate route. After my recent experience with the sardaars I was all ready to pick up a big fight though had my chair not passed through.

I was in. The atmosphere was full fun, happiness and laughter’s of so many families that were there. Children enjoying the camel and elephant rides, adults enjoying the puppet show, dances, folk songs etc. There was a lot of festivity all around. Everyone seems to be enjoying themselves.

I wheeled around the village. Looking at the various stall like areas that had been built in a large uneven muddy ground. I just wheeled a little before I tired out pushing myself on that ground. I really wished that the ground was firm and even or the Choki Dhani authorities had some electric wheelchairs that one could borrow.

I knew it wasn’t going to be possible for me to actually enjoy the village, so I decided to go and eat the ‘Royal Thali’ instead. The Chaupad – the dinning area was a step up on a open courtyard kind of area. It was communal eating where everyone sat on the floor and ate out of leaf plates placed on a choki. The whole ambience was fascinating. Men dressed in traditional dresses speaking in Rajasthani served everyone. They had a style of serving that made you eat and eat and eat the large number of dishes that were served one after another. The food was delicious and not too spicy contrary to ethnic Rajasthni food. It had been adapted to suit all pallets.

I of course could not sit on the floor. I requested them for a table, but what I got instead was three choki’s placed one on top of the other to get the leaf thali up to my height. While I sat awkwardly trying to eat from the thali but the delicious taste of food was worth the uncomfortable perch I had.

The food seemed to have washed away the bad flavor of the three sardaars at the ticket counter and the discomfort I faced due to inaccessibility. All in all I’d say the Chokhi Dhani is a must visit place if you are I Jaipur and when it comes to accessibility –it is not the most accessible place, but then lets just say that I’ve seen worse!

Shivani Gupta

AccessAbility

www.AccessAbility.co.in

Delhi Metro

The New Gurgaon Line


Most stations are built on a typical design. The way a disabled person uses these stations is by a lift from the road level to get to the station level and then another lift from the station level to the train line level. Except the Qutub Minar that has a ramp to the station level station and the HUDA City Centre stations which is at road level.

Facilities provided are all at the station level and these include
• The ticket counter
• Security check
• Entrance gate
• Customer Care office
• Exit gate
• Toilets including accessible toilets

Apart from this all stations have a parking available within walking distance from the entrance stairs

Main issues

• There are ramps provided from the road level till the lift landings (lifts leading to the station level) except in the Qutub
Minar station the ramp leads to the station itself. These ramps are designed to no specifications and therefore are mostly very steep and at places also lack handrails. Some of these ramps are far to steep to be used safely example – MG Road station.
• The ticket counter is behind a glass screen without a loop induction or a sound amplification system hence making it difficult for hearing impaired persons to communicate. Passes are to be purchased from the customer care office, that to has glass on the counter. Additionally it is difficult for a first time user to know where to go to buy passes as it is not clearly signed.
• The security gates are narrow that do not allow a wheelchair to pass. Therefore in all the stations that we entered the wheelchair user along with a helper were not checked by security personal.
• There is a wider entrance gate that is to be used by users on wheelchairs, but in spite of having this provision a disabled passenger is required to take assistance from their staff as this is always barricaded. At some stations the wheelchair user passenger is separated out and made to enter from a different gate that has to be unlocked especially for them.
• The train has a gap from the platform. The gap varies and is larger at some stations. Additionally there is also a level difference between the platform and the train floor at some stations. This makes boarding and exiting out dangerous for most disabled persons. In fact during our trip the front wheel of my wheelchair also got struck in-between the platform and the train.
• There are tactile guiding blocks that are used throughout internally in the station. There were points where this guiding path was blocked hence becoming a barrier for visually impaired persons. It will make an interesting study to know how many blind users actually find the tactile paving beneficial.
• While exiting out disabled passenger especially a wheelchair user is made to exit from the entrance gate, again requiring addition ‘special’ assistance.
• The toilets and the lift are outside the exit gate therefore if a disabled passenger wants to use the toilet or the lift would need to travel a long distance to reach it, having made to exit from the entrance gate. This is contrary to and accessible design planning where travel distance of disabled people is kept to the minimum.
• There are earmarked accessible toilet facility provided at each station apart from the ladies and gents facilities, but unfortunately in the way fittings are put in the accessible toilet, they are not usable by disabled people. Moreover the accessible facility is not maintained and often even kept locked.
• The biggest blunder that I see on this line (I haven’t seen any other line) is the parking that is provided for the metro users in five out of ten stations is across the road. The entrance from the parking is only by steps. Therefore for a disabled user (wheelchair user especially) who may need the parking facility to be accessible more than any other user, does not have access to it. Additionally it is discriminatory when two entrances are provided to all users but only one entrance is available to disabled users.

Important issues that were not answered clearly by the PRO
• What is the procedure that they adopt to assist disabled passengers incase the lifts is not working. Is there a system where information of lifts that are not working may be available to disabled passengers in advance to save them from making a useless trip.
• Do they have a map or ready information available for disabled passengers to know which entrance is accessible considering not all of them are accessible.
• In case of an emergency what is the system for evacuation of the disabled laid down considering the lifts cannot be used then
• Complaining system – what steps have they taken to ensure that it is accessible to visually impaired persons.
• Are there plans of having accessible feeder buses in the future

Shivani Gupta

AccessAbility

www.AccessAbility.co.in

Physical Infrastructure Accessibility Standards for India

Most of us – people with disabilities – very often visit ‘accessible’ spaces only to find them being designed in a way that in spite of being signposted as ‘accessible’, they are unusable or can be used only with tremendous effort and difficulty. Worse is that there is no way we can complain about poor design of accessible facilities because there are no Standards for infrastructural accessibility that have been adopted by our country. This leaves the designers and planners to design based on innumerable guidance available online that may or may not be the best for us.

The three accessibility guidelines brought out by various Ministries include the C.P.W.D. design guidelines published by the Ministry of Urban Development, ‘Planning a Barrier Free Environment’ published by the Office of the Chief Commissioner, Ministry of Social Justice and Empowerment and the Accessibility chapter in the National Building Code by the Bureau of Indian Standards. According to a survey undertaken by AccessAbility, only 11% of architects were aware and used either of these to get information about accessible design. Most relied on the internet for information. This is so because all of these are guidances and none are mandated in India.

With this background, a welcome step taken by the Ministry of Urban Development (M.U.D.) is the effort to harmonize the three above mentioned documents and update them to the latest design requirements as per international standards. Having Accessibility Standards that are adopted and are applicable to the entire nation is the first step for ensuring appropriate and uniform accessibility throughout.


M.U.D. has constituted a ‘Committee for Harmonization of Guidelines for Barrier-Free Built Access.’ It was decided by this Committee early last year to form a Sub-Group for drafting Building Accessibility Standards/Guidelines. Regular meetings are being held under the Director of M.U.D., Ashutosh Joshi with group members that include Papiya Sarkar, Senior Architect, C.P.W.D.; J.B. Kshirsagar, Chief Planner, T.C.P.O.; A.K. Saini of Bureau of Indian Standards; M.L. Chotani, Director, A.M.D.A.; AccessAbility; Samarthyam and Svayam.

Over fifteen meetings have taken place, with the Sub-Group discussing and developing the draft taking into account the best practices followed elsewhere in the world. We hope to come out with a very comprehensive and progressive document that addresses the needs of people with different disabilities, may they be physical, cognitive or sensory. It has also been decided that the document will spell out the minimum requirements that must be complied with. Additionally for old buildings being retrofitted, there may be some relaxation, yet ensuring access.

Efforts are being made to write the draft in simple language without too much of technical jargon. The text is complemented with lots of illustrations for easy understanding by all.

The Sub-Group had initially committed a time frame of two months to develop this draft. In spite of regular meetings, it has taken longer, the reason being that to get a quality document extensive discussions are necessary. Once the draft is ready, it will be put in public domain for recommendations from the sector and architects, planners, etc. before it is finalized.

Having Accessibility Standards applicable to the entire nation, according to me, is the first step towards expecting effective change throughout the country, rather than just in major metros like Delhi. If things work out the way they have been planned - that the draft is finalized and M.U.D. is able to make it applicable to the entire nation, then we can expect consistency in the design of accessible spaces and would not be disappointed when a space signposted as being accessible is actually inaccessible, quite like the restrooms at the new Bangalore and Hyderabad Airports.

The fact that M.U.D. is finally developing these Standards is a clear indication that they are rightfully taking responsibility of providing accessibility that till now was considered to be with the Ministry of Social Justice and Empowerment. Also in a country like ours where there are no professional ‘Access Auditors’, any disabled person becomes an access auditor by virtue of her/his being disabled, with one Standard there is little chance of missing out on important issues while making recommendations for access improvements.

The final Standards would probably need to be adopted by each State in their Building Byelaws unless M.U.D. has other ways and power of getting them enforced.

Developing these Accessibility Standards/Guidelines is certainly a step in the right direction and hopefully would positively impact accessibility in our country in the years ahead.

The Disabled up on sale

It was 9th October 2010 when TOI Mumbai had a published a news in the front page
“Wed a Disabled Person, Get Rs 50,000/- from the State” (source : http://timesofindia.indiatimes.com/city/mumbai/Wed-a-disabled-person-get-Rs-50000-from-state/articleshow/6716332.cms)

Most people I know were appalled to hear this. Just the basic ideology behind the scheme sounds nauseating. I for one thought this was the most humiliating news as a disabled person. The thought of paying someone to marry me!!!!!!!! I can go on expressing my distress about this scheme.

While I, along with may other thought it to be ridiculous but alongside there was a thought that disabled people from under privileged economic backgrounds may benefit from this especially because Rs 50,000/- is a large sum of money for them. I have never worked with disabled people from poor background, so was forced to rethink my stand regarding the scheme.

Now that I am thinking there are various other issues that are coming to my mind confusing me further. I am stating my confusions below hoping to have a discussion and get various view points:

1. Today the disability movement is demanding for a rights based society where a disabled person has equal rights and equal access to exercise those rights. At least, that was my understanding from all the advocacy happening for amending the existing PWD Act, so if that is the case than why is charity so acceptable.
2. All of us – if I may say, more vocal people with disabilities condemn the thought of charity because it hurts our self esteem as human beings then why does the same charity in the case of marriage seem alright for a disadvantages disabled person. Is he/she not a person first before happening to be disabled like any of us?
3. Probably only 5% of my friends with disabilities are married in spite of their being economically stable mostly because non marriage of disabled people is a social issue so is it fair that the government only encourages or addresses this issue only amongst people below a certain income group? And that to by hanging a carrot of monetary incentive.
4. Does the government have systems to evaluate the scheme especially to ensure it is not being misused and doing more harm than good that it intends to do?
5. I have come to understand that Rs.50,000/- is sometimes more that a poor persons life long savings. So what is clear is that it is a large sum. If so then why just because someone is disabled should they receive such a large sum as a grant to just either save or spend away? Will this he sum be not better utilized in make the disabled person more self sufficient probably by running a small business etc.
6. Similar schemes are already running to encourage marriage with a ST/SC. If that is the route taken to include the ST/SC then why is it so automatically though right to adopt for the disabled, just because both groups have been marginalized or is it because it’s easier to demand alms on that pretext? Aren’t the needs of a disabled person unique and different from a non disabled person even if they happen to belong to ST/SC category?

Well I think my contention is not as much as the government giving 50k to disabled people as much as it is about giving it on the pretext of marriage. But with the small reaction I have seem in general about this scheme, I realize the double standards we the disabled people live with. The very same issues and thoughts that seems wrong and unacceptable to us as individuals are acceptable or even good for a disadvantaged person – why just because they will get some free money???

As I said I am confused. I admit I am ignorant about life of under privileged disabled people and I may be entirely wrong in my discussion, but I would really appreciate view points to understand better.

Shivani

An open letter to Hon’ble Minister of State, MSJE, Shri Mukul Wasnik

October 2, 2010

Shri Mukul Wasnik
Minister of Social Justice and Empowerment
Government of India
Shastri Bhawan,
Dr. Rajendra Prasad Road,
New Delhi - 110001


Hon’ble Shri. Wasnikji,

I am writing to you in reference to the formation of the newly formed taskforce for the Proposed National Centre for Universal Design & Barrier Free Environments.

I was invited to express my views by the Committee set up for drafting the ‘NEW DISABILITY ACT’, as a representative of the civil society. The meeting started very well, with all committee members pledging their commitment to including people with disabilities in the complete process. There were of course discontentment from people, but being the person I am, I appreciated both sides of the argument and had little to add besides about accessibility.

Accessibility is my subject so I was happy it was the first to be discussed. The legal consultant appreciated the richness of the document developed by the Sub group, who had unofficially consulted me extensively as an external expert for the draft. I am passionate about accessibility and am acutely aware of my role as the only disabled professional in the subject, and was happy to give the draft document shape and direction, without any vested interest, name or recognition. I was satisfied with our discussions, as I believed that we had included a majority of what we want to say. I somewhere take it as a moral responsibility to ensure that people with disabilities get mainstreamed.
The next session was on HRD. A senior government official commented that there should be professional education, namely, post graduate and above, available to disabled people. I was thrilled to hear this. I was reminded of the time, when as a disabled person, I needed to go abroad to do my post graduation in ‘Inclusive Environments,’ – another term for ‘Universal Design’, and I spent lakhs of rupees and am still struggling to pay-off my education loan. This would have been a fantastic opportunity for aspirants like myself. I invested so much because I believed in the discipline and wanted to improve the lives of disabled people in India by bringing in professionalism and quality.

Soon after a ‘government notice’ was circulated telling us about the constitution of a ‘Task Force to work out the details of the Proposed National Centre for Universal Design & Barrier Free Environments.’ This came as an absolute surprise to me. I was angry, in fact furious, to see this note, at my exclusion from the task force. My CV had been invited during the process of deciding the members to be on board, but I wasn’t selected. I am no judge for who is on the committee, but would like to know which of the members had credentials that were better suited than mine. To me, the only thing each one of them had in common was an employment in different government departments. It’s ironical that this came during a government committee meeting that was harmonizing the Disability Act with the UNCRPD. I am beginning to believe that on ground, nothing is going to change, even if we drafted the best Act.

My confidence in your team is shattered. How am I supposed to believe in a team who proclaim to be working for the cause of the disabled people, but cannot acknowledge their capability, even when backed with professional education? They cannot accept the value that disabled “professional” experts can bring to the table, as they may be far more sensitized to the issues of the disabled people.

Till now I have never voiced the rejection that I have constantly felt from the Government in being part of the system. I cannot even count the many instances, but today just seemed like the last straw. What pierces my heart is such callous behaviour from the government. I find a complete apathy to the subject that is still so lacking in our country. I am disillusioned with all promises made. I am tired of giving out for free, the knowledge that I spent so much to gain. I do not see any hope, and wonder what the point of continuing is? It is meaningless to have any provisions or facilities accessible to us. Why should people with disabilities opt for higher studies and raise their aspirations - only to be broken! And if MSJE themselves cannot appreciate us, then who will?

I am a person who likes to work as part of the system, and would like to continue the same way, but today I find myself thrown out, and forced to challenge it and dismiss it. Not out of my own free will, but as a reaction to the decisions of your Ministry.

Sir, I urge you to create opportunities for fresh thought and professional approach to be included within your team to achieve the high goals that we have set out for ourselves, under your able guidance, in a truly democratic environment.

Yours sincerely,


Shivani Gupta
Director
AccessAbility
Mob: 9310245743