Delhi HC Issues Notice to Bank Over Disability Rights Violation of Visually Impaired Employee
The Delhi High Court on Thursday, 29 May, issued notice to Indian Overseas Bank on a plea filed by a visually impaired person, alleging systemic discrimination and violation of his rights under the Rights of Persons with Disabilities Act, 2016.
Filed by Rahul Kumar through Advocates Rahul Bajaj, Sarah, Amar Jain, and Taha Bin Tasneem, the plea seeks directions to the respondent bank to provide a screen reader along with necessary assistive technologies and to create an enabling and inclusive work environment.
The matter came up before a bench led by Justice Prateek Jalan. After hearing the case, the court issued notice to the respondent bank and granted it four weeks to file its counter-affidavit.
Court also directed the respondent bank to take a considered decision on providing a screen reader and other assistive technologies within four weeks, in accordance with the bank’s own Equal Opportunity Policy mandating such access.
According to the plea, it states that despite repeated requests asking the bank to provide essential assistive technology, more particularly a screen reader which is indispensable for a blind employee to perform his official functions, the bank has failed to do so, which further places him at a disadvantage when compared to his sighted counterparts.
"This failure has effectively placed him at a disadvantage when compared to his sighted counterparts and is a clear violation of the legal obligation to provide reasonable accommodation under Sections 3(1), 3(2), 3(5) of the Rights of Persons with Disabilities Act, 2016. read with Rule 3(4) of the Rights of Persons with Disabilities Rules, 2017.The absence of such support impedes his ability to function independently and efficiently, thereby undermining his dignity and right to equality," the plea states.
It has been further argued that the petitioner has been subjected to repeated and arbitrary transfers in stark violation of protection from routine/rotational postings/transfers. He stated that over the past three years, he has been transferred six times. This is not only excessive but has had a deeply dislocating impact on him as a person with a disability.
As per the plea, the petitioner has alleged that despite his native place being Noida, he has never been posted there. It states that even though the nature of the disability necessitates a stable and inclusive work environment, the bank has failed to provide the same.
Highlighting the constant disruption faced, the plea states that the petitioner has been forced to repeatedly reorient himself to new workspaces that are often unaccommodating and inaccessible.
Case Title: Rahul Kumar vs Indian Overseas Bank