The new government office in Moradabad 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 Moradabad under the Rights of Persons with Disabilities Act, 2016, which mandates accessibility in public buildings.

The Rights of Persons with Disabilities Act, 2016, is the primary legislation that ensures the rights and dignity of persons with disabilities, including their right to access public buildings. Specifically, Section 44 of the Act requires that all public buildings be made accessible to persons with disabilities. If a government office is not compliant with these provisions, you have the right to raise a complaint.

Here are the steps you can follow to file your complaint:

• Identify the Appropriate Authority: Determine which local authority or department is responsible for the building’s accessibility. This could be the municipal corporation or the specific government department overseeing the facility.
• Document the Inaccessibility: Take photos and make notes detailing the specific areas of inaccessibility, such as lack of ramps, elevators, or other necessary facilities that accommodate wheelchair users.
• Prepare a Written Complaint: Draft a formal complaint stating the issues you observed, citing Section 44 of the Rights of Persons with Disabilities Act, 2016. Include your contact information and any evidence of the inaccessibility.
• Submit the Complaint: File your complaint with the local authority. You can submit it in person, via email, or through their official website if they provide an online grievance redressal mechanism.
• Follow Up: After submitting the complaint, make sure to follow up with the authorities. Request acknowledgment of your complaint and inquire about the timeline for addressing the issues raised.
• Contact Disability Rights Organizations: If your complaint does not receive a satisfactory response, consider reaching out to NGOs or organizations that advocate for disability rights. They may assist in escalating the matter further.

Additionally, you may refer to the guidelines issued by the Ministry of Urban Development regarding the accessibility of buildings, which emphasize the need for compliance with the Universal Design principles. Making a formal complaint not only addresses your issue but also contributes to raising awareness about the rights of persons with disabilities under Indian law.