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

Detailed Legal Analysis

You can file a complaint under the Madhya Pradesh Rights of Persons with Disabilities Rules, 2017, which implement provisions of the Rights of Persons with Disabilities Act, 2016. This Act mandates accessibility in public buildings for persons with disabilities, including wheelchair users.

What the law says

The Rights of Persons with Disabilities Act, 2016, aims to ensure that persons with disabilities have equal access to public facilities and services. Under this law, all public buildings must be made accessible, which includes provisions for ramps, elevators, and other facilities to aid mobility. Specifically, the Madhya Pradesh Rights of Persons with Disabilities Rules, 2017, detail the requirements for making buildings accessible.

Who can file or apply

Any person with a disability, as defined under Section 2(i) of the Rights of Persons with Disabilities Act, 2016, can file a complaint. This includes individuals who have a long-term physical, mental, intellectual, or sensory impairment that hinders their full and effective participation in society on an equal basis with others.

Documents required

To file a complaint regarding inaccessibility, you may need to provide the following documents:

• A copy of your disability certificate.
• Photographs of the inaccessible areas of the building.
• A written complaint stating the issues faced due to lack of accessibility.
• Any previous correspondence with the authorities regarding the accessibility issue.

Procedure and timeline

The procedure to file a complaint is as follows:

1. Draft a formal complaint letter addressed to the relevant authority (e.g., the Chief Commissioner for Persons with Disabilities or the local government office).
2. Attach all necessary documents, including your disability certificate and photographs.
3. Submit the complaint either in person or through registered post to ensure acknowledgment.
4. Keep a copy of the complaint and any acknowledgment received for your records.

The timeline for resolution can vary, but authorities are generally expected to respond within 30 days of receiving the complaint. If no action is taken, you may escalate the matter to the State Commissioner for Persons with Disabilities.

What to do next

If your complaint does not yield results, you have several options:

• Follow up with the authority to check the status of your complaint.
• File an appeal with the State Commissioner for Persons with Disabilities.
• If necessary, consider seeking legal recourse through the appropriate court.

It is also advisable to engage with local disability advocacy groups who can provide support and guidance throughout the process.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.