Inclusive intentions, exclusive outcomes

As per the 2011 census, Karnataka was home to over 10 lakh persons with disabilities (PwDs). Thirteen years later, this number is only bound to have increased with the exponential growth in Karnataka’s population. One critical aspect of ensuring the health and vitality of PwDs, especially children with disabilities (CwDs), is to ensure adequate access to inclusive and accessible play areas. It is unfortunate to learn that until 2018, there were only four accessible parks in Bengaluru. Therefore, it was a welcome development when the state government, in collaboration with the Mindtree Foundation, announced the construction of an inclusive park for CwDs in Bengaluru’s beloved Cubbon Park.

While the park opened in 2022, a recent article revealed a low turnout. This revelation is troubling and begs the question: Why has the park been mostly unused? Currently, the park is accessible only to CwDs and their guardians. Although the physical infrastructure within the park allows CwDs to use it freely, the current segregation from other children points to a lack of forethought and understanding of ‘inclusivity’. ‘Othering’ is a term often used to describe the act of excluding some individuals from the larger group, as they are seen as different. By making the park ‘exclusive’ to CwDs, the state is further entrenching the idea that they are somehow ‘different,’ normalising their exclusion from society.

In this case, the parents and guardians of CwDs have only two options, both saddening: depriving their disabled children from playing in these ‘exclusive parks’ to avoid the sting of separation or allowing them to play
within these parks, but with no interaction with other children, further entrenching the ‘othering’.

The question of how these children are to prove their disability is worth pondering. Do they need a doctor’s note or a government-issued disability certificate? What about children with invisible disabilities like ADHD and autism? This “exclusivity” is causing the CwDs themselves to suffer and is negatively impacting their self-esteem and their right to human dignity.

It is crucial to note that the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016) mandates the state government to ensure that all public spaces are made accessible to PwDs. The Act also guarantees a right to a cultural life and participation in recreational activities for PwDs. The Harmonised Guidelines and Standards for Universal Accessibility in India, 2021 also enunciate the need to accommodate CwDs through the creation of therapeutic play areas within cities. In Karnataka’s case, the legislation governing neighbourhood parks, the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 (KPPO Act, 1985), fails to address the issue of access to parks by PwDs, thereby directly contravening the RPwD Act, 2016.

There are therefore five fundamental steps that the state government needs to take to make parks truly accessible to CwDs.

The government needs to rethink the idea of inclusion and exclusion to ensure CwDs are not precluded from playing with other children. One suggestion to cater to children with specific types of disabilities is to ensure that they are provided with “quiet hours” where they may exclusively access parks in order to cater to their sensory needs.

It is critical that urban planning incorporate
accessibility as a norm while designing parks and other public spaces, as opposed to it being a cosmetic afterthought.

The KPPO Act, 1985, must be amended to ensure that “universal design” is an integral part of park design and maintenance in Karnataka.

It is important to acknowledge that the buck does not stop with merely making parks accessible; local authorities are also responsible for ensuring that these spaces are maintained. For instance, Coles Park, which was the first ever accessible park in India, has now become unusable due to a lack of maintenance and upkeep. It is also necessary that the KPPO Act, 1985, be amended to lay down minimum standards of maintenance as well as periodic audits of all parks.

While the intent behind the creation of a park for CwDs on the premises of Cubbon Park is well placed, it may be crucial for the state government to identify neighbourhood parks that can be made accessible
and inclusive for CwDs. There is a need to acknowledge that CwDs do not face problems unless their surroundings are designed in a manner that creates problems for them.

(Sneha Priya Yanappa is a senior resident fellow, and Akhileshwari Reddy is an associate fellow at the Vidhi Centre for Legal Policy)