The new government office in Mumbai 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 state accessible buildings law if the new government office in Mumbai is not wheelchair accessible.

In India, the Rights of Persons with Disabilities Act, 2016, mandates that all public buildings should be accessible to persons with disabilities. Additionally, the Maharashtra Government has provisions under the Maharashtra State Building Permission Act, 2009, which emphasize the importance of accessibility in public spaces.

Here are the steps you can take to file a complaint regarding the accessibility issue:

• Identify the Relevant Authority: Determine the authority responsible for the building's compliance with accessibility standards. This could be the local municipal corporation or the state public works department.
• Gather Evidence: Document the inaccessibility of the building. Take photographs, note the specific barriers (e.g., absence of ramps, elevators), and collect any witness statements if applicable.
• Check Compliance with Standards: Refer to the guidelines prescribed under the "Harmonized Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons" issued by the Ministry of Housing and Urban Affairs. Ensure that the building fails to meet these guidelines.
• Prepare a Written Complaint: Draft a formal complaint addressed to the appropriate authority. Include the following details:
  • Your name and contact information.
  • A description of the accessibility issues.
  • Evidence collected (photos, documents).
  • Reference to the applicable laws and guidelines.
• Submit the Complaint: Submit your complaint via email or in person at the relevant office. Ensure to keep a copy of your complaint for your records.
• Follow Up: After submitting your complaint, follow up with the authority to ensure that your complaint is being addressed. This may require additional phone calls or visits.
• Seek Legal Help if Necessary: If no action is taken, consider seeking help from an NGO that works for the rights of persons with disabilities or consult a legal expert to explore further options, including filing a petition in court.

By taking these steps, you can advocate for necessary changes to ensure that public buildings are accessible to all individuals, as mandated by law.