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Disability — denied a job, admission, access, benefit or treated unfairly
A disability gives you extra rights — a free lawyer whatever your income, a free complaint to the Disabilities Commissioner, and reservation in jobs and colleges. Your UDID card or disability certificate is the key paper.
Answer a few questions and get your list →What the law says
The Rights of Persons with Disabilities Act, 2016 bars discrimination on the ground of disability, and denying reasonable accommodation is discrimination. Government establishments cannot discriminate in employment or promotion (s.20) and must reserve at least 4% of posts for persons with benchmark disabilities (40% or more) (s.34); government and aided higher-education institutions must reserve at least 5% of seats with 5 years’ age relaxation (s.32). Courts, police and commissions must be accessible (s.12). Complaints go free of charge to the Chief Commissioner (central bodies and others) or the State Commissioner (state government bodies) (ss.75, 80) — by post, email or online, without a lawyer or a personal visit. Intentionally insulting or intimidating a person with disability in public view to humiliate them is punishable with 6 months to 5 years (s.92). Every person with a disability is entitled to free legal aid (Legal Services Authorities Act, s.12(d)).
General information, not legal advice.
Papers that usually help
- UDID card or disability certificate
Needed for every right, reservation and free legal aid. - The refusal — letter, email, message or a note of what was said, by whom and when
The core proof of discrimination. - Your application, advertisement or notice you responded to
Shows what you asked for. - The vacancy notice or prospectus showing PwD seats or posts (or that none were reserved)
Missing 4% / 5% reservation is a direct violation. - Photos or video of the barrier (steps, no ramp, no lift, inaccessible website screenshots)
Shows the barrier clearly. - Names and numbers of people who saw what happened
Needed for an insult or threat case. - Send a written complaint to the office or company and keep the receipt
Commissioners and courts ask whether you complained first. - A short list of the support you need (ramp, interpreter, large print, scribe, extra time)
Denying reasonable accommodation is discrimination under the Act.
Questions Saboot will ask you
- What happened?
- Do you have a UDID card or disability certificate?
- Who is responsible?
- Have you complained in writing to them?
- What percentage of disability is on your certificate?
Sources
- Rights of Persons with Disabilities Act, 2016 (sections 12, 20, 32, 34, 75, 80, 92)
- Legal Services Authorities Act, 1987 — section 12(d)
- Chief Commissioner for Persons with Disabilities — complaints
- UDID — disability certificate portal
- NALSA — free legal aid
Common situations
- Denied a job because of my disability
- College refused me a scribe or extra time
- No ramp or lift at a government office or bank
- Disability pension or UDID card delayed
- Mocked or insulted because of my disability
- Need a sign-language interpreter in court
- PwD reservation not given in a government job or college
- Website or app not usable with a screen reader
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