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

Detailed Legal Analysis

Yes, you can file a complaint regarding the inaccessibility of the new government office in Alwar under the Rights of Persons with Disabilities Act, 2016 as well as the relevant state laws regarding accessible buildings.

The Rights of Persons with Disabilities Act, 2016, aims to ensure equality and accessibility for persons with disabilities in various spheres of life, including public buildings. The Act mandates that all public buildings are to be made accessible for persons with disabilities.

Key provisions related to accessibility include:

• Section 44: It mandates that all public buildings must be designed and constructed to be accessible to persons with disabilities.
• Section 25: It provides that appropriate authorities must ensure that the facilities and services provided by the government are accessible to persons with disabilities.

In addition to the central legislation, you may also want to refer to state-specific regulations regarding accessible buildings. For instance, Rajasthan has enacted regulations under the Rajasthan Building Bye-Laws, which include provisions for accessibility in newly constructed buildings.

Steps to file a complaint:

• Document Your Experience: Take photographs and notes regarding the specific accessibility barriers you encountered at the government office.
• Contact Local Authorities: Reach out to the local municipal office or the office of the Chief Commissioner for Persons with Disabilities in Rajasthan. You can report the issue, providing details and evidence of the inaccessibility.
• File a Written Complaint: Prepare a written complaint addressed to the relevant authorities, such as the District Collector or the local government office responsible for public infrastructure. Include all necessary details and documentation.
• Follow Up: After filing the complaint, ensure to follow up to check the status of your complaint. You can also seek assistance from local disability rights organizations for support.

Additionally, you may also consider approaching the Rajasthan High Court under Article 226 of the Constitution for mandamus, compelling authorities to comply with accessibility laws if your complaint is not addressed satisfactorily.

Ensuring compliance with accessibility laws is critical for promoting an inclusive society, and your complaint can play a vital role in advocating for necessary changes.