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Labour Rights For Disabled Workers In India


Author: Anisha Vatsa, Banasthali Vidyapith


ABSTRACT

Labour law in India consists of various legislations, most of which has an underlying objective of furthering social welfare and security. Disabled workers, who belong to a significant portion of India's population, face multifaceted challenges in all the areas of their life one of them being employment, which include discrimination, inadequate workplace accommodations, and limited access to social security. Through legislations that are specifically made for disabled workers and constitutional provisions they focus on providing equality, non-discrimination, and reservation in employment. But there is still a need for a stronger enforcement of laws, that will increase the awareness among employers, and the creation of inclusive workplaces that uphold the dignity, safety, and rights of disabled individuals in India's rapidly evolving economy. The main motive of this paper is to spread awareness regarding the contemporary labour rights for disabled workers in India. And also to  explore the legal frameworks, challenges, and policies which aim at fostering an inclusive workforce.


Keywords : Disability, Rights, Equality, Protection, Workers 


INTRODUCTION

Today, there is a way more important need to promote social justice and fair employment practices. Employment discrimination in today's time is a reality for many individuals with disabilities, mainly in the so-called "sphere of employment." In India, where the largest population of disabled people exists, the situation remains challenging, and while there we have seen some improvements, the efforts to safeguard disabled workers' labor rights are still insufficient. The attention has shifted vastly to the advocacy and advancement of the often neglected rights of this population, leading to a huge growth in discourse around the issue. In this regard, the focus on the rights of labourers for disabled workers is crucial, as employment plays a key role in social integration, economic independence, and self-empowerment.

Disabled employees labour rights encompass several things, such as the right of receiving an equal chance in employment, non-discrimination in employment and promotion, equitable remuneration, safe conditions of work, and benefit from social security. All these rights are there in place to ensure that the disabled employees receive an opportunity to participate equally and fully within the labour force, contributing to the national economic growth. The Indian Constitution as well as various legislative frameworks, emphasises on the importance of equality, non-discrimination, and social justice, which are the foundation of principles for the protection of disabled workers’ rights.

Despite having a strong legal scenario, enforcement of workers' rights of disabled employees in India is confronted with many problems. One of the main areas of concern is the low rate of awareness among employers and employees about the provisions of disability laws made available to them. Most of the disabled employees are either not educated of their rights, and employers themselves tend to not provide the required accommodations for them at the workplace. This shortfall in between the awareness of individuals creates ongoing discrimination and disallowance of disabled people from substantial work prospects.

Additionally, work accessibility continues to be a significant issue. Although law requires the establishment of an accessible environment, most workplaces, particularly in the private sector, go ahead with being inaccessible to individuals with disabilities. From disabled people's physical infrastructure to technological accommodations for them, mostly a deficiency in the enforcement of accessibility standards. In rural regions, where disability tends to be intersected with poverty and infrastructure shortages, disabled laborers are excluded even further from regular employment. Yet another major issue here is that there are only limited job opportunities for disabled individuals in both the private sector as well as the public sector.

Whereas the government has gone to a great extent in ensuring the integration of disabled workers by implementing reservation policies, the private sector is far behind in this area. Lack of strong incentives or penalties for non-abidance by rules results in a failure to provide significant employment opportunities for individuals with disabilities in private sectors. 


HISTORY

The path of working rights for disabled workers in India has been graphically changed in the last century under the impact from international disability rights movements, legislations, as well as a transformation in the social mindset towards them. The realization that there is a specific issue faced by disabled workers prompted legal frameworks, policies, and programs through which they can be included and dealt with equally in the workplace.

Early Period: Pre-Independence and Colonial Era

Prior to the independence of India in 1947, highly negligible concern was given on the rights of disabled workers. The labour policies of the colonial government chiefly dealt with widening the working class without any special provision for the disabled ones. Overall, workers' rights were primarily ignored as well overlooked, and the industrial revolution during British India escalated the problems like poor working conditions, low pay, and an absence of social security. Persons with disabilities, who were frequently marginalised and stigmatised, were even more excluded from the labor market because of physical inaccessibility and social discrimination.

Post-Independence Era: The Constitution and Early Developments

The beginning was laid in India concerning the rights of labor with disability with the adoption of the Constitution of India in 1950, which incorporated the principle of equality, non-discrimination, and social justice. Although the Constitution did not specifically speak about disability or disabled employees, its provisions paved the way for future legislation regarding the rights of disabled persons at work.

Relevant articles of the Constitution The path-breaking articles like Article 14 (Right to Equality), Article 15 (Prohibition of Discrimination), Article 16 (Equality of Opportunity in Employment) and Article 41 (Right to Work, to Education and to Public Assistance in certain cases in case of disabled persons) of the Constitution would prove to be an effective weapon in the struggle against the discrimination on the grounds of disability against the workforce. Following the publication of these articles, the state formulated policies to ensure equal opportunities and amenities for the marginalised sections of society -- such as persons with disabilities.

The 1980s and 1990s: Enlarging Awareness and Legislative Change

The international spread of the disability rights movement in the 1980s began to be felt in Indian policy and launched a debate on employment and disability. During this period, India also became more aware of international concepts, such as those enshrined in the United Nations Declaration on the Rights of Disabled Persons (1975) and in the World Programme of Action Concerning Disabled Persons (1982). These action led to the Indian government to take action, and move toward pushing the disabled into the working world.

In recent years, there’s seen a change in focus towards developing a more accessible work environment. The government focuses on making workplaces and public places more accessible for persons with disabilities. They have initiated efforts towards promotion of vocational training programs with exclusive focus on the people with disabilities. In addition, Indian courts have been playing a more active role in interpretation of the Constitution and the law on disability aimed at protection of the rights of disabled workers.


LEGAL PROVISIONS

Legal provisions regarding the disabled workers present within the india are : 


  • The Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (repealed)

Although for the person with disabilities (equal opportunities, protection of rights and full participation) Act, 1995 has been replaced, it played an important role in shaping disability rights in India. This Act made a very significant change in the history of the Indian legal landscape, as it was one of the first legislations that recognized disability as rights - based issue rather than only being a matter of charity or social welfare. It led to the creation of national and state-level bodies for the empowerment of persons with disabilities, which laid the groundwork for current administrative structures dealing with disability issues.


This Act laid down the foundation for disability rights legislation in India, bringing disability rights into the legal and policy framework for the country. It was the first law in India to explicitly address the rights of persons with disabilities providing a legal basis for the future reforms.  But at the time of its commencement disability rights were less recognized globally, and it lacked in covering several types of disabilities and modern challenges faced by disabled persons. So to make the enforcement mechanisms much stronger and to cover more of the disability problems a new act of 2016 was established.


  • The Rights of Persons with Disabilities Act, 2016


The right of persons with disabilities Act, 2016 was enacted to replace the 1995 Act. This was made to align Indian laws with international standards. The 1995 Act recognised only 7 disabilities whereas this expanded and recognized 21 disabilities like autism, mental illness, acid attack victims etc. The Act as well included the reservation in employment and education for disabled. Some of the primary legislation and key provisions protecting the rights of disabled workers are -


  • Non-discrimination in employment- The Act mandates Non-discrimination against disabled workers in hiring, promotion, and working conditions.


  • Equal opportunity policy- Employers, particularly in government and private establishments, are required to have policies in place to ensure equal opportunity. 


  • Reservation in employment- The Act mandates 4% reservation in government jobs for persons with benchmark disabilities.

In the case Rajeev Kumar Gupta & others v. Union of India (2016), supreme court ruled that persons with disabilities are entitled to 4% reservation in all identified posts, not just those that are non-promotional,extending the interpretation of reservation policies under the disabilities Act.


  • Reasonable accommodation- Employers must provide reasonable accommodation such as assistive devices or workplace modifications.


In the case of Javed Abidi v. Union of India (1999), the supreme court directed the government to implement provisions for barrier-free access in public spaces and buildings for disabled persons, reinforcing the importance of infrastructure and accessibility rights outlined in the Disabilities Act. 


  • The Factories Act, 1948


The Factories Act, 1948 contains provisions for workplace safety, health, and welfare that are applicable to them. Employers are responsible for creating a safe working environment that is accessible and supportive of disabled workers, including providing reasonable accommodations, preventing discrimination, and ensuring equal opportunities for employment. Under the act section 49 talks about appointment of welfare officers who look after welfare workers that include disabled workers. Section 46 and 47 states that disabled persons are liable for nutritional food and shelter i.e rest room, lunch room etc. 


In the case of Chittaranjan Andrade v. National Aeronautical Ltd., (2015) Karnataka high court held that the health and safety of all workers, including disabled workers, must be prioritised, extending the scope of safety provisions under the Factories Act to disabled employees. . 


  • The Factories Act, 1948


The Factories Act, 1948 contains provisions regarding safety, health and welfare at the workplace. Employers are to ensure that a safe working environment is created that is accessible and supportive of disabled workers, including providing reasonable accommodations, preventing discrimination, and ensuring equal opportunities for employment. Under this act section 49 talks about appointment of welfare officers whose duty is to look after welfare workers that include disabled workers. Section 46 and 47 states that disabled persons are liable for nutritional food and shelter i.e rest room, lunch room etc. 


In the case of Chittaranjan Andrade v. National Aeronautical Ltd., (2015) karnataka high court held that the health as well the safety of all workers, including disabled workers, must be prioritised, extending the scope of safety provisions within the Factories Act to disabled employees. 


  • The Employees’ State Insurance Act,1948


The main motive behind the making of this Act is to provide medical benefits to workers and their families, including persons with disabilities. Disabled workers can avail these benefits under this act in case they suffer from any kind of sickness, injury, or any other medical needs. Under Sections 51 and 54-A they get the entirety of financial stability for workers who have become disabled due to workplace accidents or occupational hazards. In cases they suffer from permanent disablement, workers are assured of lifelong monthly compensation, which acts as a financial safety net. Disabled workers also have access to medical care and rehabilitation services, which are essential for maintaining their quality of life post-injury. Dependants of disabled or deceased workers are also protected under Section 52, ensuring the family’s livelihood is not adversely affected by the worker’s inability to earn. The dependents in this case get entitled to monthly payments as compensation.


The supreme court in the case of ESI Corporation v. Francis De Costa held that even if an employee develops a disability after joining, they are entitled to benefits under the ESI Act, ensuring social security for disabled workers. 


  • The Industrial Dispute Act, 1947


This Act provides a mechanism for resolving industrial disputes, including disputes related to disabled workers. Employers are prohibited from discrimination against workers with disabilities in matters of termination or other employment-related issues. It ensures that disabled workers, like all workers, are protected from unfair treatment, wrongful dismissal, and discriminatory practices in employment and if they are treated unfairly then they can reach to boards, courts, or tribunals under section 10 of Industrial Dispute Act, 1947. Through its dispute resolution mechanisms and provisions that ensure fair treatment, it provides significant protection for disabled workers, promoting workplace inclusivity and equality.


In the case of Narendra Kumar Chandla v. State of Haryana and another case of  General Manager, Northern Railways v. Chittaranjan Kapur (1996),  Supreme Court in both the cases ruled that a worker cannot be dismissed or forced to retire solely on the basis of acquiring a disability. It directed employers to find suitable alternate positions for such employees instead of terminating their services, reinforcing the principle of non-discrimination under the Industrial Dispute Act. 


  • The Constitution of India 

The Constitution of  India is the foundational legal document that shapes the country and guarantees fundamental rights to its citizens, including persons with disabilities.  It serves as the cornerstone for protecting the rights of disabled workers. Through article 14, 15 and 16 it states that everyone shall be treated equally, there shall be no discrimination and equal opportunity shall be presented to everyone regardless of their disability. Its provisions on equality, non-discrimination, and affirmative action, the Constitution has shaped the legal framework for securing equal employment opportunities, workplace accessibility, and social security for persons with disabilities. The Directive Principles guide the state in policy-making, particularly concerning social justice, welfare, and equal opportunity. They encourage affirmative action for marginalised groups, including persons with disabilities, ensuring their well-being and participation in the workforce. The Judiciary can as well intervene in cases where rights of the disabled person have been violated. 

In the case of Vikash Kumar v. Union Public Service Commission (2021), Supreme Court ruled that the Right to Life under Article 21 includes the right to live with dignity, and thus reasonable accommodation for persons with disabilities must be made in competitive exams and employment.

In another case of Siddaraju v. State of Karnataka (2020), The Supreme Court emphasised the importance of reservation for persons with disabilities in promotions in government jobs, enforcing the principle of equal opportunity under Articles 14 and 16.


CONCLUSION 

The journey of securing labour rights in regard to disabled workers in India has been long and marked by significant legal and social evolution. While the Indian constitution guarantees equality, non-discrimination, and social justice serve as the base for these rights, the making of specific laws such as the Rights of Persons with Disabilities Act, 2016, and earlier provisions like the Factories Act, 1948, and the Employees’ State Insurance Act, 1948, has strengthened the protection and inclusion for disabled workers.

Despite a combined and all together legal framework, the challenge still remains in terms of enforcement, workplace accessibility, and awareness. Many employers, mostly in the private sector, have been slow in implementing the necessary accommodations and inclusive practices, which further creates problems for disabled workers. Lack of awareness in the disabled individuals about their rights makes these challenges heighten for them. Also makes it difficult for them to seek redress when their rights are being violated.

Nonetheless, progressive court rulings regarding the matters  have reinforced the principles regarding non-discrimination and the right to reasonable accommodation, and ongoing efforts made by advocates are done to close the gap between policy and practice. By giving them the right accessibility of the working environment, equal opportunities in employment, and robust legal protections, India can make significant strides toward the economic empowerment and social inclusion of disabled workers, enabling them to fully engage in the nation’s development.


REFERENCES 



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