Inclusive Public Space Research Project
1. Who this Guide is for
This guide is for you if you have had accessibility-related problems while walking or wheeling around city streets. It aims to help you think about possible ways of taking action to tackle the problem or get compensation. The full version of the Guide includes contact details and links to further information and sources of guidance. If you are thinking about taking legal action, you should always seek legal advice.
2. The Problem and What You Want to Get Out of Follow-Up Action
2.1 Identifying an External Cause of the Problem
When streets are difficult to use, pedestrians with disabilities often internalise the problem. Thinking of it as something external – about how streets are designed, managed and used – is more empowering and change-oriented. This is a way of thinking based on the ‘social model of disability’.
2.2 Getting and Keeping Evidence to Prove the Problem Exists
- Make a note of the address of where the problem is.
- Take a photo or video of the problem if possible.
- Take the name and contact details of any witnesses who saw you struggling with the problem.
2.3 Getting and Keeping Evidence of the Impact of the Problem
Make a note of –
- how the problem affected you (eg physically, psychologically, economically, socially)
- the date or dates of the harms and limitations the problem has caused you.
2.4 Identifying Who is Responsible for Causing the Problem
Think about responsibility broadly – not just about strict legal responsibility. Useful questions to think about are:
- Who could have done something that would have stopped the problem happening or made it less serious?
- Who could do something now differently which would remove the problem or make it less serious?
Make a list of any person or organisation you come up with.
2.5 Deciding How Much You Want to Put in and What you Want to Get Out
- What do you want to achieve?
- How much of your time, energy and money do you want to put in?
3. Types of Possible Follow-Up Action
3.1 Reporting the Problem to Someone Who Can Stop It Happening Again
Depending on what the problem is, think about reporting it to:
- The person in your neighbourhood causing the problem. Consider asking a friend or other supporter to accompany you, or speak to the person on your behalf, if you do not know them and are worried about how they might react.
- Your municipal corporation.
3.2 Working with Others to Take Collective Action
Is the problem something you want to work with others to change? If so, you could think about joining an organisation or community working to address problems of the relevant type, or persuading an organisation or community you are already involved with to work on the issue.
3.3 Raising Public Awareness
You might do this in different ways, e.g. mainstream media or social media.
3.4 Asking for Help from People Elected to Public Office
Think about contacting somebody elected to represent you at local level (e.g. municipal corporation) and/or national level (e.g. a Member of Parliament).
3.5 Letting the Police Know about the Problem
If you think the problem amounts to a crime, report it to the police.
3.6 Bringing a Discrimination Case under the Constitution or the Rights of Persons with Disabilities Act 2016
Useful starting points for finding out if you have a claim are the National Legal Services Authority; your State’s Legal Services Authority; or a law firm that provides pro bono services.
3.7 Bringing a Case for a Civil Wrong
If you have been injured or suffered some other kind of harm (e.g. economic loss) because of somebody’s lack of care, you might consider bringing an action for ‘negligence’. The same organisations mentioned in 3.6 are useful places to start.
You may also convince these organisations to file Public Interest litigation in the High Courts or the Supreme Court under the Constitution of India.