The new government office in Saharanpur 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 Saharanpur under the Rights of Persons with Disabilities Act, 2016 and the relevant state accessibility regulations.

The Rights of Persons with Disabilities Act, 2016 (RPWD Act) aims to ensure full and effective participation of persons with disabilities in society, including access to public buildings. Here are the steps and key points you should consider:

• Understanding the RPWD Act:
  • The Act recognizes various disabilities and mandates accessibility in public buildings and facilities.
  • Section 44 of the Act specifically emphasizes the need for appropriate measures to ensure accessibility to public buildings.
• State Accessibility Laws:
  • Check if your state has specific rules or regulations regarding accessible buildings, such as the Uttar Pradesh Building Byelaws, which may include provisions for accessibility for persons with disabilities.
• Gather Evidence:
  • Document the specific accessibility issues you face at the government office, such as lack of ramps, elevators, or accessible restrooms.
  • Take photographs and gather witness statements if possible, as this can support your complaint.
• Filing a Complaint:
  • You can file a complaint with the local authorities responsible for the construction and maintenance of the government building.
  • Contact the State Commissioner for Persons with Disabilities, who is designated to handle complaints regarding violations of the RPWD Act.
• Follow-up on your Complaint:
  • Keep a record of your complaint and any correspondence with the authorities.
  • Follow up regularly to ensure that your complaint is being addressed.

In addition to the RPWD Act, you may also refer to the guidelines set by the Ministry of Urban Development regarding the accessibility of public buildings, which provide a framework for compliance. If the local authorities fail to respond adequately to your complaint, you may consider approaching the courts for redress under Article 14 (Right to Equality) and Article 21 (Right to Life) of the Constitution of India.