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Ajay Sathyan (Content Writer)     28 February 2013

Can I be fired for being dyslexic?

 

Hello All,

 

My name is Ajay Sathyan and I live in Chennai. I recently discovered that I'm dyslexic and it’s been hard for me to sustain a job for at least an year as I get fired for underperforming or I leave as I could not cope with the pressure. At present I’ve taken up a writing job and it is proving to be extremely tasking. I informed my line manager of my condition and he still puts me under a lot of pressure and due to my stress I’m worsening and slowing down in my work. I’m worried that might lose this job as well. I would like to know whether companies in India can fire an employee for being dyslexic. Is it possible to save my job legally if I’m being fired under these circumstances?

 

Regards

Ajay Sathyan



Learning

 5 Replies

Kumar Doab (FIN)     01 March 2013

Apparently you are in private sector.

You have posted that:

I informed my line manager of my condition and he still puts me under a lot of pressure and due to my stress I’m worsening and slowing down in my work.’

The Special Laws for disabled persons:

Ans. a) The persons with Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995

b) The National Trust for Welfare of persons with Autism, Cerebral

Palsy, Mental Retardation and Multiple Disabilities Act 1999

c) Rehabilitation Council of India Act, 1992

d) Mental Health Act, 1987

The commissioner is required to take steps to safeguard the rights & facilities available to persons with disabilities.

As per Section 59, without prejudice to the provisions of Section 58, the Chief Commissioner may of his own motion or on the application of any aggrieved person.

Kindly go thru the attachments and proceed.

Delhi high court has provided interim relief to a student with dyslexia.

Kolkota high court has decided favorably in case of student with dyslexia.

{(d) Learning Disability (Dyslexia): Subject to availability of seat after adjusting all the admission to other admissible disable category under section 2(I) of PWD Act, 1995.

13

The appropriate Governments are directed to consider the desirability of bringing about an amendment in the PWD 1995. A copy of their Judgment therefore be handed over both to the Learned Advocate General, Govt. of West Bengal and to the Learned Additional Solicitor General, Govt. of India.}

 

You may go thru very informative publications at:

---(https://www.ncpedp.org/policy/pol-sucs02.htm

N.C.P.E.D.P. has set up Disability Law Units at the State level to ensure that its objectives are taken forward. Contact: legislation@ncpedp.org)

Disability related court orders on:

  1. Access related court cases
  2. Education related court cases
  3. Employment related court cases

Which can be accessed at:           

https://www.ncpedp.org/policy/pol-judge.htm

 and also

Supreme Court Judgments/Orders on Disability and Mental Health at:

https://nhrc.nic.in/documents/LibDoc/Disability_Mental_Health_C.pdf

 

---https://www.prescripttionforsuccess.net/dyslexia.html

https://articles.timesofindia.indiatimes.com/2010-07-31/india/28291831_1_hrd-ministry-parliamentary-panel-smcs

 

--(https://www.dnis.org/news.php?issue_id=13&volume_id=2&news_id=179&i=0)

https://www.indiastudychannel.com/resources/135836-Dyslexic-denied-reservation-facility.aspx

--https://www.legalserviceindia.com/article/l442-Persons-with-Disabilities.html

Employees’ State Insurance Act, 1948, Section 46(c) says like this, periodical payment shall be made to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this Act and certified to be eligible for such payments by an authority specified in this behalf by the regulations. Section 51 of the same Act states that, Disablement benefit- a) a person who sustains temporary disablement for not less than three days (excluding the day of accident) shall be entitled to periodical payment of such rates and for such periods and subject to such conditions as may be prescribed by the Central

 

The Payment of Gratuity Act, 1972 is one of the piece of legislation for the rights of disabled persons. As per Section 4 of this Act, gratuity shall be payable to an employee on the termination of his employment on his death or disablement due to accident or disease, if he has rendered continuous service of five years.

In Javed Abidi v. Union of India,7the Supreme Court taking into consideration the true spirit and objective for which the Persons with Disabilities(……) Act,1995 was enacted to create barrier free environment, to make special provisions for the integration of the persons with disabilities into the social mainstream apart from the protection of rights, provision of medical care, education, training employment and

---https://nsingit.wordpress.com/category/public-interest-litigation/

You may approach good Samaritans who are working for the rights of disabled e.g.: leading Disability Rights Activist, Subhash Vashisth, who is a Delhi based lawyer.

-- You may approach actvists: Disability Rights Group, and  Javed Abidi, (the director of the National Centre for Promotion of Employment for ... People (NCPEDP) in India, and the founder of the Disability Rights Group.) who had filed PIL fetching interim  relief from Delhi high court to a student with dyslexia, and also from Supreme Court for taking into consideration the true spirit and objective for which the Persons with Disabilities…….in Javed Abidi v. Union of India.

These highly informed, dedicated and determined personalities can support you.

N.C.P.E.D.P. A-77, South Extension Part II, New Dellhi 110 049, India.
Phone: +91-11-26265647/48; Fax: +91-11-26265649; E-mail: secretariat@ncpedp.org

 


Attached File : 79131080 mentally retarded and disabled laws and rights dis faq.pdf, 79131080 disability court judgements.zip downloaded: 208 times

Sudhir Kumar, Advocate (Advocate)     03 March 2013

There may be no better elaboration.

Radhakrishna (Senior Software engineer)     16 March 2013

I am not a lawyer, but with conformity, can say that if someone denies you a job based on your physical deformities, it is violation of laws.

Sudhir Kumar, Advocate (Advocate)     16 March 2013

You are sure that your termination is illegal then why you are on this forum file case against the company.

 

By the way you kinow you are dyslexic still you take up the job of writing and expect the company to allow the work suffer.  Godhas denied you verbal ability and must of compensated you with some other ability which you can excel.

 

Would you  as an employer employ a blind man as driver?

Would you as an employe employ a sugar patient as a games teacher?

Would you as an employer employ a paralytic as a security gaurd?

Would you as an employer employ a deaf/dumb person as receptionist or telephone operatetor?

Would you as an employer employ a communicable diseased skin person as cook/barber?

 

 

Kumar Doab (FIN)     17 March 2013

@ Ajay,

The very purpose of all the posts in this thread is to explore and focus on the avenues that are available for you.

Of course as rightly suggested by Mr. Sudhir Kumar if the employer has terminated your employment you may immediately approach the Commissioner/Chief Commissioner and also your lawyer and bounce back to your employer.

Identify the hidden talent in you and develop it. The lord almighty must have made you rich rather richest with some other talent.

 A little effort and it shall come out as the spring water gushes out of the earth.


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