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

Detailed Legal Analysis

You can definitely file a complaint regarding the inaccessibility of the new government office in Surat under the Rights of Persons with Disabilities Act, 2016, as well as under the relevant provisions of the state accessible buildings law.

Under the Rights of Persons with Disabilities Act, 2016, it is mandated that all public buildings must be accessible to persons with disabilities, including those who use wheelchairs. The Act emphasizes the need for barrier-free access.

• Section 44: This section mandates that appropriate governments must take measures to ensure that all public buildings are accessible to persons with disabilities.
• Section 25: This section specifically states that persons with disabilities have the right to access public places, which includes government offices.

If the new government office in Surat does not adhere to these accessibility standards, you can take the following steps:

• Document the Issue: Take photographs and make notes detailing the specific accessibility issues you encountered at the government office.
• File a Grievance: You can file a complaint with the local authority responsible for the building. This could be the Surat Municipal Corporation or the relevant state department overseeing public infrastructure.
• Contact Disability Rights Organizations: Reach out to local NGOs or organizations that advocate for persons with disabilities. They can provide guidance and may assist in filing a formal complaint.
• Escalation: If you do not receive a satisfactory response, you can escalate the matter to the State Commissioner for Persons with Disabilities, as established under the Act.
• Legal Action: As a last resort, you may consider seeking legal recourse by filing a Public Interest Litigation (PIL) in the High Court, citing violations of the Rights of Persons with Disabilities Act.

Additionally, the Building Bye-Laws in Gujarat, specifically the Gujarat Town Planning and Urban Development Act, 1976, also emphasize the importance of designing accessible structures in urban areas. You can refer to these laws while filing your complaint to strengthen your case.

Taking these steps will ensure that your rights are upheld and that the necessary actions are taken to make public buildings accessible for everyone.