Disability discrimination can affect a person’s education, employment, healthcare, housing, access to services, and their participation in everyday life. It can be obvious, for instance, in the case of refusing admission or employment on the grounds of a disability, or it can be less obvious, for example, when reasonable accommodation is not provided or accessible communication is not offered.
In India, the Rights of Persons with Disabilities (RPwD) Act of 2016 establishes an important legal framework covering equality, dignity, non-discrimination, accessibility and reasonable accommodation. The Act specifies that people with disabilities should be able to enjoy equality, live with dignity and have respect for their integrity on the same basis as others. It also makes it unlawful to discriminate against someone on the ground of disability, provided that such discrimination does not violate the legal standards set out in the Act.
Knowing what discrimination can look like and understanding the steps available for addressing it can help individuals, parents, and caregivers respond with greater confidence. At the same time, every situation is different, and the appropriate remedy depends on the facts, the institution involved, and the applicable law.
What Is Disability Discrimination?
Disability discrimination happens when a person who has a disability is treated differently, excluded or restricted on the grounds of that disability in a way which hinders their ability to enjoy or exercise their rights and freedoms on the same basis as other people.
Under the RPwD Act, the definition also includes the denial of reasonable accommodation. Reasonable accommodation means necessary and appropriate modifications or adjustments that enable a person with a disability to exercise their rights equally, provided these do not impose a disproportionate or undue burden in the circumstances.
Discrimination could therefore consist of more than simply refusing to deal with someone because they have a disability.
For example, it may include:
- Refusing admission to an educational institution because of disability
- Denying a qualified person an employment opportunity because of disability
- Refusing reasonable accommodation at school or work
- Providing services in a way that prevents a person with a disability from accessing them
- Excluding a person from activities because of assumptions about their abilities
- Failing to provide appropriate accessibility or communication support
- Treating a person unfairly because they use an assistive device or require support
Not every difference in treatment is automatically unlawful discrimination. The RPwD Act provides a specific legal standard, including an exception where the challenged act or omission is a proportionate means of achieving a legitimate aim.
Examples of Disability Discrimination in India
1. Denying admission to a child because of disability
A school cannot simply refuse to admit a child simply because the child has a disability.
The Rights of Persons with Disabilities (RPwD) Act requires educational institutions covered by the law to promote inclusive education. This includes admitting children with disabilities without discrimination, ensuring facilities are accessible, and providing necessary support and reasonable accommodation.
2. Refusing reasonable accommodation
Denying reasonable accommodation can itself be considered disability discrimination under the RPwD Act.
Reasonable accommodation refers to changes or adjustments that allow a person with a disability to participate equally.
Example:
An employee with a disability requests an appropriate modification to their work arrangement that would allow them to perform their duties, but the employer refuses without properly considering the request.
The official Department of Empowerment of Persons with Disabilities gives examples of reasonable accommodation such as providing work documents in accessible formats, leave for blood transfusion for a person with thalassemia, and home-based KYC verification for persons with locomotor disabilities.
3. Giving a person work that they cannot reasonably perform because of their disability
A bank employee with a disability was given work duties that were hard for them to perform because their specific needs weren’t taken into account. This led to missed targets and mistakes on the job, and the employee was eventually suspended as a result.
When the case reached the Chief Commissioner for Persons with Disabilities (CCPD), the bank was directed to fix the situation — by assigning the employee suitable administrative work instead, making the workplace more accessible and supportive, and ensuring the employee had a fair and equal opportunity to perform, just like any other employee.
4. Refusing employment because of disability
The RPwD Act has specific provisions preventing discrimination in employment under Section 20.
The Act also includes both government and private establishments under the definition of “establishment.”
Example:
A qualified candidate is rejected solely because the employer assumes the person’s disability means they cannot perform the job, without assessing their ability to perform essential job duties or considering reasonable accommodation.
However, it should be noted that not every rejection of a person with a disability automatically amounts to discrimination. The circumstances, job requirements, accommodation needs, and relevant legal provisions must be considered.
5. Making public services inaccessible
Disability discrimination is not limited to schools and workplaces.
The RPwD framework also covers public facilities and services, including healthcare, education, employment, banking, insurance, communication, transportation, and access to justice.
Example:
A person with a disability is unable to access an essential public service because the facility or service does not provide the accessibility measures required by the applicable law.
The key point is that having a legal right to a service is not sufficient if a person cannot practically access it due to disability-related barriers.
6. Treating a person differently because they use assistive support
A person should not be treated unfairly simply because they require an assistive device, communication support, or other reasonable accommodations.
Example:
An employee who uses assistive technology is excluded from an important work activity solely because they use that technology, without considering whether the activity can be made accessible.
This falls within the broader principles of the RPwD framework, which emphasize equality, non-discrimination, accessibility, and reasonable accommodation.
7. Excluding a child with a disability from school activities
Inclusive education goes beyond admission.
The RPwD Act requires educational institutions covered by the Act to provide equal educational opportunities and participation in sports and recreational activities, along with reasonable accommodation and necessary support.
Example:
A child with a disability is regularly excluded from sports, school events, or recreational activities solely because of their disability, without consideration of any reasonable adjustments that could enable participation.
Where Can Disability Discrimination Happen?
Discrimination happens in many aspects of everyday life, and the RPwD framework includes a wide variety of areas like education, employment, healthcare, transportation, access to justice, communication, banking, insurance, recreation, and public services.
Education
A child or student who has a disability might be subjected to discrimination when it comes to admission, taking part in class, examinations, or extracurricular activities.
The RPwD Act requires educational institutions covered by the Act to promote inclusive education. This includes admitting children with disabilities without discrimination, making facilities accessible, providing reasonable accommodation, and offering necessary individualised support.
If a school refuses to admit a child, fails to provide appropriate accommodation, or excludes a student from taking part in activities merely on the grounds of disability, then the parents or carers have the right to request an explanation from the institution and obtain the necessary support or redress.
Employment
Disability discrimination can also occur during hiring, promotion, in the workplace, or in obtaining reasonable accommodation.
The RPwD Act applies to both government and private establishments and includes provisions relating to employment and equal opportunity; the definition of ‘establishment’ under the Act includes both government and private establishments.
A person may therefore need to distinguish between a legitimate job-related requirement and a decision that unfairly excludes them because of disability.
Healthcare
Healthcare must be both accessible and respectful. A person who has a disability might encounter obstacles if the healthcare facility is physically inaccessible, if the information is not given in an accessible format, or if their communication needs are neglected.
Healthcare discrimination is particularly worrying since it can affect a person’s capacity to get timely medical treatment, rehabilitation, or other necessary services.
Public and Digital Services
Discrimination may also occur when public spaces, transport, websites, digital services, or communication systems are not accessible.
Accessibility is an important part of inclusion because having a legal right to a service is not enough if a person cannot practically access it.
What Is Reasonable Accommodation?
Reasonable accommodation plays a key role in dealing with disability discrimination.
The RPwD Act defines such modifications or adjustments as those that are both necessary and appropriate so that a person with a disability may enjoy or exercise their rights on an equal basis with others; the specific accommodation required will vary from one individual and situation to another.
For example, reasonable accommodation may involve:
- Adjusting the physical workspace
- Providing accessible communication
- Allowing appropriate additional time where legally applicable
- Modifying the way information is presented
- Providing assistive technology
- Making appropriate changes to workplace or educational practices
- Providing individualised support where required
The aim is not to give an unfair advantage; instead, accommodation can eliminate the obstacle which stops a person with a disability from taking part on an equal basis.
The RPwD Rules, 2017 also provide that establishments should not misuse the legal exception to deny rights or benefits, and they contain provisions concerning complaints about disability discrimination and reasonable accommodation.
What Should You Do If You Experience Disability Discrimination?
If you or your child experiences possible discrimination, it can help to approach the situation step by step.
1. Identify What Happened
Clearly identify the action or decision that you are concerned about.
Ask:
- What happened?
- Who made the decision?
- Was the decision related to the person’s disability?
- Was a reasonable accommodation asked for?
- Was the accommodation refused?
- Would other people have been treated in the same way in that kind of situation?
Attempt to distinguish between what you know and what you assume; it will be easier to make any subsequent complaints.
2. Keep a Record
Record the incident as quickly as possible.
Keep copies of:
- Emails and letters
- Application or admission documents
- Medical or disability-related documents that are relevant
- Accommodation requests
- Responses from the institution
- Appointment details
- Names and designations of people involved
- Relevant dates and locations
- Other evidence related to the incident
Written records can help establish what happened and what steps you took to resolve the issue.
3. Request an explanation
If appropriate and safe, ask the institution or person responsible to explain the decision in writing.
For example, if a school refuses an accommodation, you can request clarification about the reason for the refusal and what alternative support is available.
A written response may help you understand whether the issue can be resolved directly.
4. Bring up the issue by using the organisation’s complaint procedure.
Many establishments have internal mechanisms for handling complaints.
For certain establishments, the RPwD Rules provide for a Grievance Redressal Officer (GRO). The Rules say that if the head of a government establishment or of a private establishment which employs 20 or more people receives a complaint concerning disability discrimination, steps should be taken in accordance with the Act or the injured person should be given in writing information as to how the act or omission is seen as a proportionate means of achieving a legitimate aim.
Where appropriate, using the organisation’s complaint procedure can be an important first step.
What If the Problem Is Not Resolved?
If raising the issue directly does not resolve the matter, additional avenues may be available.
Depending on the circumstances, a person may approach the appropriate:
- Grievance Redressal Officer
- District-level authority or committee, where applicable
- State Commissioner for Persons with Disabilities
- Chief Commissioner for Persons with Disabilities
- Legal Services Authority
- Police or other law-enforcement authority where an offence may have occurred
- Court or other appropriate legal forum
- Disability rights organisation or support organisation
The route taken will depend on the type of discrimination and the organisation in question.
The Chief Commissioner for Persons with Disabilities is informed by the Department of Empowerment of Persons with Disabilities, which operates under the RPwD Act, 2016.
The department also has a public procedure for raising complaints through CPGRAMS with regard to the department and other government services.
What If Disability Discrimination Involves Abuse or Violence?
Discrimination and abuse can sometimes overlap. In the case of a person who has a disability and is a victim of violence, exploitation, cruelty or abuse, safety should be the main concern.
The RPwD Act’s Section 7 obliges appropriate governments to take steps to protect people with disabilities against abuse, violence and exploitation and to make legal remedies and reporting procedures available. Furthermore, the Act permits an individual or a registered organisation who has reason to believe that abuse, violence or exploitation has taken place or is about to take place to give information to the Executive Magistrate in the relevant area.
Where there is an immediate threat to safety or a suspected criminal offence, appropriate emergency or law-enforcement services should be contacted.
What Rights Do Children With Disabilities Have?
The RPwD framework includes special protections for children with disabilities.
Educational institutions covered by the Act are expected to promote inclusive education and provide reasonable accommodation and appropriate support. The Act also requires appropriate governments and local authorities to ensure that children with disabilities can express their views on matters affecting them, with support appropriate to their age and disability.
That is to say, for parents and those who look after children, a child’s disability should not be seen as a reason to exclude them from education, from activities, or from the decisions that affect their lives.
Rather, the support should be directed towards participation, accessibility, dignity, and meeting the child’s individual needs.
How Can Families Support a Person Facing Discrimination?
Families and those who look after people can help them to understand and exercise their rights.
Support may include:
- Listening to the person’s experience without judgment
- Helping them understand their available options
- Keeping important documents organised
- Supporting communication with schools, employers, or service providers
- Asking for information in accessible formats
- Connecting them with qualified professionals when necessary
- Seeking legal advice for complex matters
- Helping them access disability organisations and community support
For children and adults with communication or intellectual disabilities, families may need to provide additional communication support. However, support should respect the person’s preferences, dignity, and right to participate in decisions that affect them.
How Can We Prevent Disability Discrimination?
To go beyond knowing the law, it is also important for schools, workplaces, healthcare providers, government bodies, families, and communities to take their role.
Some practical steps include:
- Making physical and digital spaces accessible
- Providing reasonable accommodation
- Using respectful and non-stigmatising language
- Training staff on disability inclusion
- Making information available in accessible formats
- Including people with disabilities in decision-making
- Creating clear grievance mechanisms
- Listening to people with disabilities about the barriers they experience
It is most effective when consideration is given from the outset to both accessibility and participation rather than treating them as something added on later.
Final Thought
Disability discrimination can prevent people from accessing education, employment, healthcare, public services, and community life equally. In India, the RPwD Act, 2016 provides important protections against disability discrimination and recognises the need for reasonable accommodation. If you face possible discrimination, document what happened, ask for an explanation, and use the appropriate grievance process. If the issue is not resolved, you may seek help from disability rights authorities or legal professionals, depending on the situation.
Families and caregivers do not have to face these challenges alone. Reliable information and professional support can help them understand their rights and decide what to do next. Nayi Disha is committed to helping families and caregivers access trusted information, support, and connections so they can understand available rights and services and navigate challenges with greater clarity, confidence, and dignity.
Frequently Asked Questions
What are examples of disability discrimination?
Common examples include: refusing to hire someone because of a disability; denying promotions or training opportunities; failing to provide reasonable accommodations (like accessible workstations or flexible hours); assigning work a person cannot reasonably perform without considering their needs; harassment or mockery related to a disability; unequal pay for the same work; and termination or forced resignation because of a disability rather than performance.
What are the four main types of discrimination?
These are usually categorized as: (1) Direct discrimination – treating someone less favorably because of a protected characteristic; (2) Indirect discrimination – a policy or practice that applies to everyone but disproportionately disadvantages a particular group; (3) Harassment – unwanted conduct that violates dignity or creates a hostile environment; (4) Victimization – treating someone unfairly because they complained about or supported a discrimination claim.
What are the 7 types of disability?
Classifications vary by country, but a commonly used framework includes: (1) Physical/mobility disabilities, (2) Visual impairment, (3) Hearing impairment, (4) Intellectual disabilities, (5) Mental health/psychosocial disabilities, (6) Learning disabilities, (7) Multiple/complex disabilities (a combination of two or more). Some countries (like India, under the RPwD Act 2016) legally recognize 21 categories, so “7 types” is a simplified general grouping rather than a fixed legal standard.
What is disability discrimination?
It’s when a person is treated less favorably, excluded, or disadvantaged specifically because of a physical, sensory, intellectual, or mental health disability — whether through direct unequal treatment or through a failure to provide reasonable accommodations that would let them participate equally.
What are the 7 types of discrimination and examples?
A common list includes:
- Race/ethnicity – denying a job based on ethnic background
- Gender – unequal pay for the same role
- Age – forced retirement or refusing to hire older workers
- Disability – lack of accessible facilities or unsuitable work assignments
- Religion – denying leave for religious observance
- Sexual orientation – harassment or exclusion based on identity
- Socioeconomic status/caste – biased hiring or treatment based on background
What are the effects of disability discrimination?
Effects can include: loss of employment or income; barriers to education and skill development; social isolation and stigma; mental health impacts like anxiety, depression, or loss of self-esteem; reduced access to healthcare, housing, or public services; and broader economic effects such as underemployment and dependency, which reinforce cycles of poverty and exclusion for people with disabilities.
DISCLAIMER: Please note that this article is for information purposes only. Please consult a qualified professional for proper guidance.