Kevin Moses Paul
05 August 2021
As per your query, let me tell you that the definition of a ‘disabled person’ is broadened under the 2016 Act: it covers persons with disability, persons with benchmark disability, and persons with disability having high support needs. This definition is inclusive and categorizes 21 types of disabilities as ‘specific disabilities’.
The Rights of Persons with Disabilities Act, 2016 along with the Rules (for implementation) have recently been enacted by the federal government. The new law protects disabled persons in India from various forms of discrimination, ensures their access to equal employment opportunities, and enhances their societal participation.
The Disabilities Act of 2016 is in accordance with the principles codified in the United Nations Convention on the Rights of Persons with Disabilities, and replaces the previous legislation i.e. Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995.
This Act applies to government establishments as well as private establishments. Under the law, private establishments refer to a company, firm, cooperative or other society, associations, trust, agency, institution, organization, union, factory, or such other establishment specified by the government.
Moreover, the Act provides additional benefits for persons with benchmark disabilities, such as employment vacancies in government establishments, education opportunities, land allocation, and poverty alleviation schemes, among others.
Although the majority of the compliances under the Act apply exclusively to government establishments, private establishments are also covered under the purview of the Act and must comply with the following requirements:
⭕ Frame and publish an Equal Opportunities Policy on the establishment’s website or at a conspicuous place within the establishment premises. The Policy must contain details of the benefits and facilities provided to disabled persons at the workplace. A copy of the Policy must also be registered with the State Commissioner.
⭕ Establishments having more than 20 employees must appoint a Liaison Officer to oversee the recruitment of disabled persons and special facilities provided for them.
⭕ Establishments are required to identify job vacancies, which would be appropriate for disabled persons. In case of establishments receiving incentives from the government, a minimum of five percent of job vacancies must be compulsorily reserved for disabled persons.
⭕ The employer must ensure the prohibition of illegitimate discrimination against disabled persons within the workplace.
⭕The employer must provide additional facilities or special benefits to disabled employees in order to increase their accessibility, such as special leave and training programs.
⭕ All establishments have to conform to the accessibility norms issued by the government regarding disabled persons. The accessibility norms pertain to workplace infrastructure and communication technologies, which must be accessible to disabled persons.
⭕ Every covered establishment must maintain records of its disabled employees.
In order to ensure speedy justice, special courts are instituted in each district to deal with cases pertaining to the violation of the rights of disabled persons. Penalties for the violation of rights of disabled persons can extend to a monetary fine of 500,000 INR (US$7,750) and imprisonment for up to five years.
Now, regarding reporting of such activities let me inform you that complaints about exploitation of persons with a disability can be made can be made to the local police station or even directly to the Executive Magistrate. Therefore, in case an employee is facing discrimination by his employers due to his/her disability, then the employee must report the act to the nearest local police station which has competent jurisdiction over the matter.
And, in case to the police does not take proper measures against the employer, then in such situation the victim shall directly report the harassment to the Executive Magistrate which has competent jurisdiction over the same. It's advisable that a copy of complaint made to the Executive Magistrate shall be sent to the Superintendent of Police, such that spontaneous reactions are taken by the authorities.
Hope It Helps!
Regards
Kevin M. Paul
