The new government office in Guntur 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 Guntur under the provisions of the Rights of Persons with Disabilities Act, 2016, as well as relevant state laws regarding accessible buildings.

Under the Rights of Persons with Disabilities Act, 2016, public buildings are required to be accessible to persons with disabilities, which includes ensuring wheelchair access. Here are the key provisions and steps to consider:

• Legal Framework: The Rights of Persons with Disabilities Act, 2016 mandates that all public buildings must be made accessible. Section 40 of the Act specifically addresses the responsibility of the government to ensure that persons with disabilities have access to public facilities.
• State Regulations: Each state may have its own rules and guidelines to enhance accessibility. In Andhra Pradesh, the Andhra Pradesh Building Rules, 2012, also emphasize the need for accessible facilities in public buildings.
• Filing a Complaint: You can file a complaint with the local authorities or the office designated for handling disability rights issues. In Guntur, you may approach the District Collector’s office or the local municipal corporation.
• Documentation: Gather necessary documents such as photographs of the inaccessibility, any identification proving your disability (if applicable), and written descriptions of your experience using the building.
• Contact Disability Commissions: You may also contact the State Disability Commissioner or the National Commission for Persons with Disabilities for further assistance and advocacy.

Additionally, the complaint can be lodged under the provisions of the Indian Penal Code (IPC) if the inaccessibility is seen as discrimination against persons with disabilities. Section 92 of the IPC can be invoked, depending on the context of denial of access.

It's essential to be persistent and follow up on your complaint, ensuring that adequate measures are taken to make the building accessible. Public awareness and advocacy are crucial in pressing for compliance with accessibility laws. Engaging with local NGOs focused on disability rights may also provide additional support and guidance in your efforts.