The new government office in Ahmedabad is not accessible to my wheelchair, can I complain under the state accessible buildings law?

Detailed Legal Analysis

You can certainly file a complaint regarding the inaccessibility of the new government office in Ahmedabad under the Rights of Persons with Disabilities Act, 2016, which mandates accessibility in public buildings.

Under this Act, public buildings are required to be accessible to all individuals, including those with disabilities. The failure to comply with these provisions can be challenged. Below are the steps and relevant information regarding your complaint:

• Identify the Relevant Law: The Rights of Persons with Disabilities Act, 2016, under Sections 40 and 41, explicitly mandates that all public buildings must be accessible to persons with disabilities.
• Gather Evidence: Document the accessibility issues you've faced, such as photographs of barriers, lack of ramps, or any other relevant evidence that demonstrates the inaccessibility of the building.
• Contact Authorities: You can lodge a complaint with the following:
  • The Chief Commissioner for Persons with Disabilities
  • The State Commissioner for Persons with Disabilities in Gujarat
  • The local municipal authority responsible for building regulations in Ahmedabad
• File a Written Complaint: Prepare a formal written complaint detailing your experience, the specific barriers encountered, and the legal provisions being violated. Ensure to include your contact information for follow-up.
• Seek Remedial Action: Request specific actions to rectify the inaccessibility, such as the installation of ramps or lifts.
• Follow Up: Keep track of your complaint and follow up with the authorities if you do not receive a response within a reasonable time frame.

In addition to the Rights of Persons with Disabilities Act, you can also refer to the National Building Code of India, which lays down guidelines for making buildings accessible. Sections 4.1.2 and 4.1.3 specifically address accessibility features that must be incorporated into building designs.

If your complaint is not addressed satisfactorily, you may consider approaching the courts under Article 226 of the Indian Constitution, which allows individuals to file writ petitions for the enforcement of fundamental rights, including the right to equality and non-discrimination.