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

Detailed Legal Analysis

You can indeed file a complaint regarding accessibility issues in the new government office in Chandigarh under the relevant provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and the Rights of Persons with Disabilities Act, 2016.

According to these acts, all public buildings must be accessible to persons with disabilities. Failure to comply with these provisions can result in legal action. Here are the steps and key points to consider when filing your complaint:

• Identify the Relevant Legislation:
  • The Rights of Persons with Disabilities Act, 2016, mandates accessibility in public buildings (Section 44).
  • The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, also emphasizes the need for barrier-free access.
• Gather Evidence:
  • Take photographs or videos showing the inaccessibility of the building.
  • Document your experience, including dates and times of your visits.
• Draft a Formal Complaint:
  • Address the complaint to the concerned authorities such as the Chief Architect of Chandigarh or the local government office.
  • Include details like your name, contact information, and a clear description of the accessibility issues.
  • Attach your evidence (photos, documented experiences) to support your case.
• Submit the Complaint:
  • Deliver the complaint in person or send it via registered post to ensure it is received.
  • Keep a copy of the complaint for your records.
• Follow Up:
  • Monitor the response from the authorities. They are required to take action under the law.
  • If there is no response or inadequate action, you may escalate the matter to the State Commissioner for Persons with Disabilities.

It is essential to ensure that public facilities comply with accessibility standards to maintain the rights of persons with disabilities as enshrined in the Constitution of India, particularly under Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty).