Representation for procurement of accessible buses under NST fleet

To,
Neiphiu Rio
Chief Minister of Nagaland
Sub: Representation for Procurement of Accessible Buses under NST Fleet Expansion
Respected Sir,
As reported in the press, the Government of Nagaland has undertaken a landmark initiative through a Memorandum of Agreement with Tata Motors Limited for the procurement of 43 buses for the Nagaland State Transport (NST). The expansion of the public transport fleet is a welcome and much-needed step towards improving connectivity, passenger safety, operational efficiency, and public transport services across the State. While appreciating this important decision of the Government, I would respectfully like to draw attention to 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.
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.
In the landmark judgment of Rajive Raturi vs Union of India, the Hon’ble Supreme Court in December 2017 clearly held that:
“Section 41 of the Disabilities Act, 2016 provides for comprehensive accessibility in all modes of transport including but not limited to the bus transport. Therefore, it becomes the duty of the Union, States as well as Union Territories to ensure that all Government buses are disabled friendly in accordance with the Harmonised Guidelines.”
The Hon’ble Court further directed that:
“Government/Private owned public transport carriers are to be made fully accessible by March 2018.”
It may also be recalled that the Transport Department, Government of Nagaland, itself had issued a Notification dated 5th February 2019 under Section 41 of the Rights of Persons with Disabilities Act 2016, directing that all public transport vehicles must conform to accessibility standards and further specifying 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.”
Further, the Harmonised Guidelines and Standards for Universal Accessibility in India 2021 (mandated by the RPwD Act 2016, read along with the RPwD Rules 2017) prescribe mandatory accessibility standards for buses, including:
• Low-floor buses with maximum ground floor height of 400 mm;
• Minimum door width of 1200 mm;
• Installation of handrails and footlights;
• Hydraulic lifts 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.
In Suo Motu proceedings before the SCPD Court in 2024, the Nagaland State Transport Department had also been directed to implement the Harmonised Guidelines 2021 and to ensure that accessibility standards are strictly complied with in all newly procured buses. It is often stated by authorities that low-floor accessible buses are not feasible in Nagaland due to the State’s rugged and hilly terrain. While these geographical challenges are indeed real, compounded by frequent landslides and difficult road conditions in many areas, the burden of finding solutions cannot be placed upon persons with disabilities. 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.
In view of the above, I respectfully request the Government to:

1. Ensure that all 43 buses being procured are fully accessible and compliant with the RPwD Act 2016 and the Harmonised Guidelines 2021;
2. Ensure that the buses are low-floor and equipped with ramps/lifts and wheelchair spaces;
3. Where standard low-floor buses are not feasible due to terrain or road conditions, ensure that safe and effective alternative accessibility solutions are incorporated so that persons with disabilities are not excluded from public transport services;
4. Incorporate accessible information systems, including visual and tactile signage;
5. Consult with persons with disabilities and accessibility experts prior to finalisation and delivery of the buses; and
6. Establish a mechanism for inspection and certification of accessibility compliance before induction into service.
   This fleet expansion presents a historic opportunity for Nagaland to move towards an inclusive and accessible public transport system that upholds the dignity and rights of all citizens.
   I sincerely hope the Government will take the necessary steps to ensure that accessibility and universal design are fully integrated into this important initiative.
   Yours faithfully,
   Diethono Nakhro
   Independent Advocate on Disability Rights and Inclusion
   (Former State Commissioner for Persons with Disabilities).