The new government office in Darbhanga 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 the inaccessibility of the new government office in Darbhanga under the Rights of Persons with Disabilities Act, 2016 (RPWD Act) and the applicable state laws regarding accessible buildings.

According to the RPWD Act, which aims to ensure full and effective participation of persons with disabilities in society, it mandates that public buildings and facilities must be accessible to everyone, including persons with disabilities. Here are the relevant provisions and steps you can take:

• Rights under the RPWD Act:
  • Section 44 of the RPWD Act specifies that all public buildings must be accessible to persons with disabilities.
  • Section 45 mandates that the appropriate government shall ensure that the existing public buildings are made accessible for persons with disabilities.
• State Accessible Buildings Law:
  • Many states have formulated their own building codes and accessibility standards; you should check the specific provisions in Bihar's building laws as they relate to accessibility.
  • For instance, the Bihar Building Bye-laws may contain specific guidelines that public buildings must adhere to regarding accessibility.
• Filing a Complaint:
  • Contact the local authorities in Darbhanga, such as the municipal corporation or the district administration, to file a formal complaint.
  • Provide details of the inaccessibility issue, including photographs if possible, and specify how it violates the RPWD Act or state laws.
  • Request a timeline for when corrective measures will be taken.
• Follow-up Mechanism:
  • If you do not receive a satisfactory response, you may escalate the complaint to higher authorities, including the State Commissioner for Persons with Disabilities.
  • You may also consider approaching non-governmental organizations (NGOs) that advocate for disability rights for assistance.

By taking these steps, you can advocate for accessibility in government buildings, ensuring compliance with the law and promoting inclusivity for all individuals, regardless of their physical abilities.