The new government office in Gorakhpur 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 Gorakhpur under the Rights of Persons with Disabilities Act, 2016, and the relevant provisions of the Indian National Building Code (NBC) which mandate accessibility features for public buildings.

The Rights of Persons with Disabilities Act, 2016 aims to ensure equal opportunities and full participation for persons with disabilities. Below are the key points and steps to address your concern:

• Identify the Applicable Laws:
  • Rights of Persons with Disabilities Act, 2016: This legislation ensures that all public buildings are accessible to persons with disabilities, as outlined in Section 44.
  • Indian National Building Code (NBC): This code provides guidelines for making buildings accessible for persons with disabilities, particularly in Chapter 11.
• Document the Issue:
  • Take photographs or videos demonstrating the inaccessibility of the building.
  • Gather testimonials from other users who have faced similar issues.
• File a Complaint:
  • Draft a formal complaint letter addressed to the local municipal authority or the head of the department managing the government office.
  • Include details such as your name, contact information, the location of the building, and a description of the accessibility issues.
  • Attach documented evidence (photos, testimonials) to support your complaint.
• Contact Disability Rights Organizations:
  • Reach out to local NGOs or advocacy groups that focus on disability rights for assistance in filing your complaint.
  • These organizations may provide guidance on further legal actions if necessary.
• Follow-Up:
  • After submitting your complaint, follow up with the relevant authorities to ascertain the progress of your complaint.
  • Request updates on any actions taken to remedy the situation.

Accessibility is a fundamental right, and under the Indian Constitution, particularly Article 21 (Right to Life), every citizen is entitled to live with dignity, which includes access to public buildings. If necessary, you may also consider legal recourse under the provisions of the Consumer Protection Act, 2019 if your complaint is not satisfactorily addressed.