The new government office in Shillong is not accessible to my wheelchair, can I complain under the state accessible buildings law?

Detailed Legal Analysis

You can file a complaint regarding the inaccessibility of the new government office in Shillong under the Rights of Persons with Disabilities Act, 2016, and the relevant state laws pertaining to accessible buildings.

In India, the Rights of Persons with Disabilities Act, 2016 (RPWD Act) aims to uphold the rights of individuals with disabilities, ensuring their access to public spaces, including government offices. Key provisions relevant to your situation include:

• Section 44: This section mandates that all public buildings must be made accessible to persons with disabilities. It emphasizes that the government is responsible for ensuring accessibility in all its facilities.
• Section 40: This section discusses the duties of the appropriate government, which includes the formulation of policies to ensure accessibility in public spaces.
• Section 43: It outlines the penalties for contraventions of the provisions related to accessibility, emphasizing the accountability of authorities to provide accessible environments.

In addition to the RPWD Act, you should also consider the following steps:

• Document the Issue: Take photographs or videos of the inaccessible areas and note specific details about the barriers you encountered.
• Identify the Authority: Determine the specific local authority responsible for the building, such as the Shillong Municipal Board or the relevant government department.
• File a Complaint: Prepare a formal complaint addressing the inaccessibility issue. Include your personal details, the nature of your disability, and specific instances of inaccessibility. You can submit this complaint either in person or through email.
• Seek Redressal: Follow up on your complaint with the local authority. If no action is taken, you may escalate your complaint to the State Commissioner for Persons with Disabilities.
• Engage with NGOs: Consider reaching out to local NGOs working for the rights of persons with disabilities for support and advocacy.

Additionally, check if Meghalaya has specific state laws or regulations regarding accessible buildings, which may further support your complaint. If you face challenges in the complaint process, you can seek legal advice or assistance from disability rights organizations.