Disability Rights Advocate, Diethono Nakhro has appealed to Nagaland Chief Minister, Neiphiu Rio to ensure that all buses being procured under the Nagaland State Transport (NST) fleet expansion are fully accessible and compliant with disability rights laws and universal accessibility standards.
In a representation submitted to the Chief Minister, Nakhro welcomed the Government’s recent Memorandum of Agreement with Tata Motors for procurement of 43 buses for NST, describing it as an important step towards improving public transport services in the State.
While appreciating the Government’s decision , she stressed on the need to ensure that all buses procured under this initiative are fully accessible and compliant with the Rights of Persons with Disabilities Act 2016, as well as the Harmonised Guidelines and Standards for Universal Accessibility in India 2021.
She further said accessibility in public transport is not a matter of welfare or convenience, but a legal obligation and a fundamental requirement for ensuring equal participation and independent mobility for persons with disabilities, elderly persons, and others with mobility challenges.
Citing the Supreme Court judgment in the Rajive Raturi vs Union of India case, Nakhro noted that the Court had directed all government and private public transport carriers to be made fully accessible and held that states were duty-bound to ensure disabled-friendly transport systems.
She also referred to a notification issued by the Nagaland Transport Department on February 5, 2019 under Section 41 of the RPwD Act, which stated that no new vehicle meant for public transport must be registered if such vehicle does not conform to the minimum standards to enable persons with disabilities to access and travel comfortably.
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According to the representation, the Harmonised Guidelines 2021 prescribe several mandatory accessibility measures for buses, including low-floor design with maximum ground floor height of 400 mm; minimum door width of 1200 mm; installation of handrails and footlights; hydraulic or pull-out/foldable ramps for wheelchair users and persons with mobility impairments; designated wheelchair spaces with safety belts and wheel stoppers; accessible alighting buzzers with Braille/raised markings; and clearly visible visual route and destination information displays inside and outside the buses.
Nakhro further stated that during suo motu proceedings before the SCPD Court in 2024, the State Transport Department had also been directed to implement the Harmonised Guidelines 2021 and ensure that accessibility standards are strictly complied within all newly procured buses.
Acknowledging the challenges posed by Nagaland’s rugged and hilly terrain, compounded with frequent landslides and difficult road conditions, she maintained that geographical difficulties could not be used as a justification for excluding persons with disabilities from public transport services.
Stating that the burden of finding solutions cannot be placed upon persons with disabilities, she said it is the responsibility of the Government to ensure that infrastructure development, including road connectivity, is progressively improved and that alternative accessibility solutions are explored and implemented wherever standard low-floor models may not be fully feasible.
“Difficult terrain cannot become a justification for exclusion or denial of the right to accessible public transport,” she added.
Nakhro urged the Government to ensure that all 43 buses are fully accessible and and compliant with the RPwD Act 2016 and the Harmonised Guidelines 2021 and equipped with ramps or lifts and designated wheelchair spaces.
She also urged to ensure that safe and effective alternative accessibility solutions are incorporated so that persons with disabilities are not excluded from public transport services where standard low-floor buses are not feasible due to terrain or road conditions.
While suggesting incorporating accessible information systems, including visual and tactile signage, she also called for consultation with persons with disabilities and accessibility experts before finalisation and delivery of the buses, besides seeking the establishment of an inspection and certification mechanism to verify accessibility compliance before the buses are inducted into service.
Describing the NST fleet expansion as a “historic opportunity,” Nakhro said the initiative could help Nagaland move towards an inclusive and accessible public transport system that upholds the dignity and rights of all citizens.
She hoped that the Government would take the necessary steps to ensure that accessibility and universal design are fully integrated into this important initiative.
