The new government office in Delhi 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 Delhi under the Rights of Persons with Disabilities Act, 2016 and other relevant regulations concerning accessible buildings.

The Rights of Persons with Disabilities Act, 2016 (RPwD Act) mandates the creation of an accessible environment for persons with disabilities, including wheelchair users. Section 44 of the RPwD Act specifically emphasizes the need for accessible public buildings and facilities.

In addition to the RPwD Act, the following laws and regulations support your cause:

• The National Building Code of India (NBC): This code provides guidelines for the construction of accessible buildings, ensuring that they cater to the needs of persons with disabilities.
• The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: Although it has been replaced by the RPwD Act, it laid the groundwork for accessibility rights in India.

To lodge a complaint, you can follow these steps:

• Document the Inaccessibility: Take photographs and gather evidence showing that the building is not wheelchair accessible, noting specific areas of concern.
• Contact the Relevant Authorities: Reach out to the local government office or the Ministry of Social Justice and Empowerment. You may also contact the Chief Commissioner for Persons with Disabilities.
• File a Formal Complaint: Submit a written complaint detailing your experience, including your evidence and citing the relevant sections of the RPwD Act and NBC. Ensure to mention your contact information for follow-up.
• Seek Legal Assistance: If your complaint is not addressed satisfactorily, consider consulting a lawyer who specializes in disability rights to explore further legal avenues.

Additionally, you can approach disability rights organizations and NGOs that can assist in advocating for your rights and ensuring compliance with accessibility laws. By taking these actions, you will not only address your own concerns but also contribute to a more inclusive environment for all individuals with disabilities.