Complaints and penalties for discrimination against persons with disabilties in India

Complaints and penalties for discrimination against persons with disabilties in India :

The Rules also lay down the procedure for dealing with complaints relating to discrimination.

Complaints about exploitation of persons with a disability can be made to :

✓the Executive Magistrate
✓ and the local police.

Violation of any provision of the New Act invites fines and penalties and in certain cases makes directors and senior officers of an establishment personally liable.

The New Act stipulates a monetary fine of :

✓ Rs. 10,000/- for the first violation and

✓ fines between Rs. 50,000/- and Rs. 500,000/- for subsequent violations.

• If the violation is committed by a company, both the entity as well as the person(s) responsible for the conduct of the business of the company would be liable. Directors, officers and managers of a company would be individually liable if it is established that the violation was committed with their consent, or is attributable to their negligence.

• Failure by an establishment to provide required information, documents or records (as required under the Act) is an offence under the New Act.

• The monetary fine provided for each such offence by an organisation is Rs. 25,000/-. An additional fine of Rs.1,000/- would be applicable for each continuing day of such failure or refusal, as the case may be.

• The Act also imposes criminal liability on anyone who within public view insults or intimidates a disabled person with the intention of humiliating such person. This would also apply to such actions within a workplace.

✓ The punishment provided for such an offence is imprisonment for a term between 6 months to 5 years and fine.

• Prosecutions for offences under the New Act are triable by a Sessions Court which is required to be notified by State Governments for each district as a ‘Special Court’.