What legal remedies are available for disability-based workplace harassment?
I am a woman with multiple disabilities working as an Assistant Professor in the government sector. For the past 30 months, my Principal and a group of colleagues have been avoiding, excluding, and harassing me because of my disability. They laugh at me and tease me on the basis of my disability. I have submitted several complaints and representations to various authorities, including the Minister, the Chief Secretary, and the Disability Commission. However, no effective action has been taken. I feel completely frustrated and have started having negative thoughts about my life.
Dear Client , There are remedies you can avail under the Rights of Persons with Disabilities Act, 2016, Service Rules applicable to your employment, and also, if the offence committed is regarded as intimidation, insult or otherwise, under the Bharatiya Nyaya Sanhita, 2023. If the authorities have not taken any action, you can contact the State Commissioner for Persons with Disabilities or the High Court to ask for the directions. Keep all complaints, emails, messages and witness info. If you also have negative thoughts about your life, please also try to get help from trusted friends, family or a mental health worker. Thank you for reaching out to Prime Legal.
Dear Client, If you are being harassed or discriminated against because of your disability, you may have legal remedies under the Rights of Persons with Disabilities Act, 2016. Since you have already submitted complaints but no effective action has been taken, you may consider approaching the appropriate court or tribunal for relief. Keep copies of all your complaints and any evidence of the harassment. As you have mentioned having negative thoughts, please seek support from a trusted family member, friend or a mental health professional. If you feel you are in immediate emotional distress or at risk of harming yourself, seek immediate help from a mental health professional or emergency services.
If you are facing disability-based harassment despite repeated complaints, preserve all evidence, including complaints, emails, and witness details. You may pursue remedies under the Rights of Persons with Disabilities Act, 2016 and approach the High Court under Article 226 of the Constitution if authorities have failed to act. Since you mentioned having negative thoughts about your life, please also seek immediate support from a trusted person or a mental health professional. Your safety is important. For further legal assistance contact us on our helpline number.
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