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

Detailed Legal Analysis

Yes, you can file a complaint under the Rights of Persons with Disabilities Act, 2016, which mandates accessibility in public buildings for persons with disabilities, including wheelchair access.

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 Section 44 of this Act, it is specified that all public buildings must be made accessible to persons with disabilities. This includes provisions for ramps, elevators, and other necessary facilities to ensure mobility.

Who can file or apply

Any individual who is a person with a disability, or their representative, can file a complaint regarding inaccessibility. Additionally, organizations working for the welfare of persons with disabilities can also lodge complaints on behalf of affected individuals.

Documents required

To file a complaint regarding the inaccessibility of the government office, you may need the following documents:

• A copy of your disability certificate (if applicable).
• Photographs of the inaccessible areas of the building.
• A written complaint detailing the issues faced.
• Any previous correspondence with the authorities regarding the issue (if available).
• Your identification proof (Aadhaar card, voter ID, etc.).

Procedure and timeline

The procedure to file a complaint regarding accessibility issues is as follows:

1. Draft a formal complaint addressed to the appropriate authority, such as the local municipal corporation or the office of the Chief Commissioner for Persons with Disabilities.
2. Attach all required documents to your complaint.
3. Submit the complaint either in person or through registered post.
4. Keep a copy of the complaint and any acknowledgment received for your records.

Upon receiving the complaint, the authority is required to investigate the matter. Typically, the timeline for resolution can range from 30 to 60 days, depending on the complexity of the issue and the responsiveness of the authorities.

What to do next

If the complaint is not resolved within the stipulated time, or if you are unsatisfied with the resolution, you can take further steps:

• File a second complaint with the State Commissioner for Persons with Disabilities.
• Seek legal recourse by approaching the High Court under Article 226 of the Constitution of India for enforcement of your rights.
• Engage with local disability advocacy groups for assistance and support.

It is important to keep records of all communications and responses related to your complaint to strengthen your case if further action is needed.

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