I am a public sector bank officer. I have been diagnosed with writer's cramp, a rare neurological disorder that severely hampers my ability to write by hand. This condition causes involuntary muscle contractions in my hand and wrist, leading to pain and difficulty in maintaining a steady grip on writing instruments. Consequently, this impairs my efficiency and productivity in tasks that involve handwriting, which are a significant part of my current role. Despite my sincere efforts to manage and mitigate the symptoms through various treatments, the condition persists and continues to hinder my work performance. Still I'm not getting accommodated in a position within the back. I'm getting mocked. Mentally harassed. Getting ill treated. I'm in so much stress. I can't sleep. I can't eat. I've talked to higher authorities on getting reassigned. They are saying to adjust myself to an assignment. What are the options available to me legally? Applicability of the judgment of the Supreme Court in Vikash Kumar v UPSC in my case if any?
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In the case of Vikash Kumar V. Union Public Service Commission and Others [2011]11 S.C.R. 281 where appellant was suffering from a writer's cramp and wanted a Scribe but was denied the services of a scribe
2) writer cramp is a disability and you are entitled to reasonable accommodation as it is key component of equality and non discrimination
3) draw attention of your employer to said judgment and seek reassignment
Supreme Court: In a case where a citizen, who suffers from a writer’s cramp, was denied a scribe in the civil services’ examination, the 3-judge bench of Dr. DY Chandrachud*, Indira Banerjee and Sanjiv Khanna, JJ has held that writer’s cramp Forms part of Entry IV of the Schedule to the Rights of Persons with Disabilities Act, 2016 (RPwD Act 2016) and
“To deny the facility of a scribe in a situation such as the present would negate the valuable rights and entitlements which are recognised by the RPwD Act 2016.”
Part III of our Constitution does not explicitly include persons with disabilities within its protective fold. However, much like their able-bodied counterparts, the golden triangle of Articles 14, 19 and 21 applies with full force and vigour to the disabled. The RPwD Act 2016 seeks to operationalize and give concrete shape to the promise of full and equal citizenship held out by the Constitution to the disabled and to execute its ethos of inclusion and acceptance.”
Section 3 casts an affirmative obligation on the government to ensure that persons with disabilities enjoy (i) the right to equality; (ii) a life with dignity; and (iii) respect for their integrity equally with others. By recognizing a statutory right and entitlement on the part of persons who are disabled, Section 3 seeks to implement and facilitate the fulfillment of the constitutional rights of persons with disabilities.
You can give a representation based on supreme court judgment
if your performance is affected then you need to adjust your self in any other assigned which you can perform. It will be difficult for the company to accommodate you if your performance is affected
Dear Client,
Legally, you have several options to seek redress and accommodations. The Supreme Court's judgement in Vikash Kumar v. Union Public Service Commission (UPSC) is indeed relevant to your situation. Here’s a detailed explanation:
Facts and Decisions in Vikash Kumar v. UPSC
In Vikash Kumar v. UPSC (2021), the petitioner suffered from a similar neurological condition that impaired his writing ability. He requested reasonable accommodations to take a civil service examination, including the provision of a scribe. The UPSC rejected his request, prompting him to challenge their decision.
The Supreme Court ruled in favour of Vikash Kumar, emphasising the following key points:
1. Rights of Persons with Disabilities: The Court underscored the rights of individuals with disabilities to reasonable accommodations under the Rights of Persons with Disabilities Act, 2016 (RPWD Act). This Act mandates non-discrimination and provides for necessary accommodations to enable persons with disabilities to perform their roles effectively.
2. Definition of Disability: The Court broadened the interpretation of “disability” to include conditions like writer's cramp, stressing that the impairment need not be visible or permanent as long as it hampers the individual’s ability to perform daily activities.
3. Obligation of Employers: The Court held that employers, including public sector entities, have a duty to provide reasonable accommodations to employees with disabilities. This includes reassignment to suitable positions where the disability would not impede job performance.
Legal Options and Steps for Your Case
1. Request Reasonable Accommodations in Writing:
Submit a formal, written request to your higher authorities and HR department, outlining your condition, its impact on your job performance, and the specific accommodations you are seeking. Reference is made to the RPWD Act and the Supreme Court judgement in Vikash Kumar v. UPSC.
2. Consult with medical professionals:
Obtain detailed medical documentation from your neurologist or other healthcare providers. These documents should describe your condition, its impact on your ability to write, and recommended accommodations.
3. File a grievance:
If your initial requests are ignored or denied, file a formal grievance through your bank’s internal grievance redressal mechanism. Make sure to document all instances of harassment and lack of accommodation.
4. Approach the Equal Opportunity Cell (if available):
Many public sector organisations have an Equal Opportunity Cell or a similar body responsible for addressing issues related to discrimination and accommodations for employees with disabilities. Approach this body with your complaint.
5. Legal Action:
If internal remedies fail, you can file a complaint with the Chief Commissioner for Persons with Disabilities (CCPD) or the State Commissioner for Persons with Disabilities. These bodies have the authority to investigate and take action on complaints of non-compliance with the RPWD Act.
You can also consider filing a writ petition in the High Court under Article 226 of the Indian Constitution, seeking a directive for your employer to provide reasonable accommodations and to stop the harassment.
Relevant Case Law
In addition to Vikash Kumar v. UPSC, consider referencing these cases:
Jeeja Ghosh & Another v. Union of India: This case reinforced the rights of persons with disabilities to equal treatment and accommodations.
Bhavya Nain v. University of Delhi highlighted the need for reasonable accommodations in educational and employment settings for persons with disabilities.
Your condition qualifies as a disability under the RPWD Act, and your employer is legally obligated to provide reasonable accommodations. The Supreme Court’s ruling in Vikash Kumar v. UPSC supports your case, emphasising the duty of employers to accommodate employees with disabilities. You have the right to request reassignment or other accommodations and to seek redress through internal grievance mechanisms or legal channels if necessary.
Seek legal counsel to assist with drafting formal requests and potential legal actions. Your case highlights the need for compliance with disability rights legislation and the importance of creating an inclusive work environment.
- Yes, the judgment of the Supreme Court in Vikash Kumar v UPSC applied in your case
- You can lodge a compliant against them before the higher management and also before the police .
I've prepared a formal request to my higher authorities and HR department detailing my condition and the specific accommodations I'm seeking. But I don't know how accomodate reference to the RPwD Act and the Supreme Court judgement in Vikash Kumar v. UPSC in legal point of view. Can someone please help me?
You should quote the judgment of SC and mention that
writer cramp is a disability and you are entitled to reasonable accommodation as it is key component of equality and non discrimination
Dear Client,
The facts of the case:
Vikash Kumar is the petitioner who gave the Civil Services Examination as organised by the Union Public Service Commission (UPSC). Specifically, he had the particularity of a certain type of learning disability that made him write significantly slowly.
Due to his disability, Vikash Kumar had to write to the school principal, asking for permission for a scribe for the examination. However, his request was rejected by the UPSC on the basis that he failed to fulfil the regulatory requirements inevitably in regard to the availability of a scribe.
Several pages offer an account of Vikash Kumar, who sought to appeal the UPSC refusal, arguing that his rights under the Rights of Persons with Disabilities Act, 2016 had been violated. He argued that this piece of legislation required accommodations for individuals with disabilities to be reasonable to make necessary adjustments to prevent discrimination.
High Court's Decision:
The Honourable High Court of India endorsed the directives of the UPSC and dismissed the appeal of Vikash Kumar on the grounds that he did not fall under the criteria for scribe under the prevailing conditions and norms. Vikash Kumar appealed to S.C. of India; ultimately, the Honourable Apex Court took up the matter for consideration.
Supreme Court's Decision:
Some of the changes that were made included the reevaluation of the guidelines and criteria by the Supreme Court for providing scribes to persons with disabilities to do their writing for them with the intention of having a more inclusive approach. The Court underlined another key principle outlined in the RPwD Act, 2016, known as reasonable accommodation, which implies that it is necessary for the implementation of appropriate modifications and adjustments in order to ensure persons with disabilities exercise their rights.
The judgement elucidated that the RPwD Act entitled Vikash Kumar to certain rights, including a scribe, if he were to request them, and Oudh had arbitrarily denied him that right. The Court added that the act requires one to be given an equal chance with no discrimination and to implement the act of reasonable accommodation as part of the mandate.
Hence, the SC recommended that the UPSC reconsider its guidelines and provide candidature appropriate damages for disability that the UPSC deprives of disabled candidates by not letting them have a scribe and making it a criteria for examination so that their rights are being protected and they can also write their examinations in the best way possible.
As you have already sent a representation to HR about it, you may wait for their response or reply.
If the reply is not in your favour then you can approach high court with a writ petition seeking relief relying upon the judgement you are in the knowledge.
- You can take help of a lawyer to draft the complaint
- However, you can also prepare and submit the same after mentioning the said Supreme Court judgement in short.
I've submitted a representation along with a letter from NIMHANS, Bengaluru stating my condition through my branch manager. But HR Dept. is yet to contact me regarding reasonable accommodation. I've also informed our officer's association through mail. What should be the next course of action?
You can wait for some reasonable period of time for their response.
If you don't get any response then you can approach CAT( if you're a central government employee) or state administrative tribunal with an OA seeking relief as per law and supporting documents.
Wait for reply to your representation for a month or so
if no reply received send a reminder
- It may take time to get feedback from HR Dept. and without getting proper response you cannot take legal action
- If no positive response, then you can file a petition before the Tribunal . You have good ground to get justice.
Dear Client,
If you have provided representation along with a letter from NIMHANS Bengaluru about your condition when requesting reasonable accommodation from your branch manager but none has been responded to by the HR Department, it is wise to keep documentation of such communications. If a reasonable period has passed with no work being done or little progress is made for the student and myself,. Follow up with HR through a second email or letter if you do not receive a response to your initial message of introducing yourself. This should be done gently and diplomatically in an effort to remind them of your previous request. Emphasise its urgency. Enclose photocopies of previous communications along with the one received from NIMHANS.
Furthermore, continue to remind the officer’s association of the absence of a reply from HR and enquire them to further support and fight for your rights. If you continue to be overwhelmed by your struggle, you should report the issue to the higher authorities of your organisation. Select a position at a higher level, such as senior HR manager or director. Obviously, describe actions that were taken beforehand that can contribute to the solution of the problem. Emphasise that you have received little or no response, especially with newer social media platforms.
Correlatively, seek any legal advice that you would be in a position to take against any form of discrimination concerning medical conditions in the workplace with regard to reasonable accommodation. Although the study found that laws and regulations were weak and violated in food production, there is a need for research on the laws and regulations of different jurisdictions. For specific advice on this matter, it is advised to seek services from an employment lawyer. Use clean language and follow professional etiquette while writing.