Introduction 

Sexual harassment in the workplace is a pervasive issue that affects individuals across gender, identity, and ability. For persons with disabilities, especially women, for whom this harm is magnified by physical, social, and systemic barriers that limit access to redressal mechanisms. Indian law addresses these intersections through the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), and the Rights of Persons with Disabilities Act, 2016 (RPWD Act), along with its accompanying Rules of 2017. These laws together aim to ensure that persons with disabilities, irrespective of gender, are protected from harassment and are able to access complaint mechanisms in a barrier-free and inclusive manner. This article explores these legal protections and the institutional responsibilities they impose. 

Rights of Women with Disabilities at Workplace 

The RPWD Act, 2016, is a legislation which aims to uphold the dignity of every person with disability in the society and to protect them from any form of discrimination. And to uphold this objective, the RPWD Act 2016, recognises certain rights and entitlements of persons with disability.  

Section 3 of the RPWD Act, 2016 provides that, “the appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others. The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment and take necessary steps to ensure reasonable accommodation and ensure that no person is being discriminated or deprived of their personal liberty only on the ground of disability.” 

Section 4(1) states that, “the appropriate Government and the local authorities shall take measures to ensure that the women and children with disabilities enjoy their rights equally with others.” 

Section 6 (1) of the RPWD Act, 2016 states that, “the appropriate Government shall take measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment”. 

Section 7 of the RPWD Act, 2016 provides that, “if any person with disability is being subjected to any form of abuse, violence and exploitation, then a complaint can be filed before any executive or judicial magistrate and free legal aid must be provided to the person.”   

Section 20 of the RPWD Act, 2016 states that, “No Government establishment shall discriminate against any person with disability in any matter relating to employment. (2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability. (3) No promotion shall be denied to a person merely on the ground of disability. (4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service and (5) The appropriate Government may frame policies for posting and transfer of employees with disabilities.” 

In the light of the above provisions, it may be concluded that any women who is being subjected to any form of discrimination, or inhuman or degrading treatment or is being subjected to any form of abuse and exploitation has a right to file a complaint against such harassment and seek for protection and equal treatment from the appropriate government.  

Legal Safeguards for Employees with Disability at Workplace 

Section 12 of the RPWD Act, 2016 states that, “persons with disabilities have the right to access any court or anybody with judicial or quasi-judicial or investigative powers without discrimination and steps will be taken to provide suitable measures to support persons with disabilities, especially those living without a family and those requiring high support for exercising legal rights.” 

And Section 13 (2) of the RPWD Act, 2016 provides that “the appropriate Government shall ensure that the persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life and have the right to equal recognition everywhere as any other person before the law”. 

Furthermore, Section 24 of the RPWD Act, 2016 places a duty on that appropriate government to formulate social security welfare schemes and policies to persons with disabilities such as, provisions for healthcare, rehabilitation, assistive devices and as a whole in ensuring their well-being and quality of life. 

Similarly, Section 25 of the RPWD Act, 2016 states that the appropriate government and the local authorities should take necessary measures to provide free healthcare and barrier free access to persons with disabilities in all private as well as government hospitals. The statutory provision also highlights about the rehabilitation programs that should be provided for all persons with disabilities.  

Lastly, Section 27 of the RPWD Act, 2016 mandates that the appropriate government and the local authorities must within their economic capacity, undertake services and programs of rehabilitation for persons with disabilities in the areas of health, education and employment.  

Thus, in the light of the above provisions, it may be concluded that the appropriate government is having the duty to protect and safeguard the rights of person with disability by incorporating welfare schemes and rehabilitation programs under the RPWD Act, 2016. 

Exploring the intersection between the Disability Law (RPWD Act) and Sexual Harassment Law (POSH Act)  

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) which aims to provide protection to the aggrieved against sexual harassment at workplace and for prevention and redressal of complaints of sexual harassment, also provides provisions for persons with disabilities to file a complaint under the POSH Act.  

Section 9(2) of the POSH Act provides that where an aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.  

Further, Rule 6 (i) and Rule 6 (ii) of the POSH Rules, 2013 states that, where the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed by- (a) her relative or friend; or (b) her co-worker; or (c) an officer of the National Commission for Women or State Women’s Commission; or (d) any person who has knowledge of the incident, with the written consent of the aggrieved woman. 

And where the aggrieved woman is unable to make a complaint on account of her mental incapacity, a complaint may be filed by- (a) her relative of friend; or (b) a special educator; or (c) a qualified psychiatrist or psychologist; or (d) the guardian or authority under whose care she is receiving treatment or care; or (e) any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care. 

In addition to the provisions under the POSH Act, 2013, The Rights of Persons with Disabilities (RPWD) Act, 2016, which aims to uphold the dignity of every person with disability in the society and to protect them from any form of discrimination, also mandates the appointment of a grievance redressal officer who shall investigate any complaint received from the persons with disability and shall take up the matter with the establishment for corrective action. The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be prescribed by the Central Government, and every complaint shall be inquired within two weeks of its registration. And if the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the District-Level Committee on disability.  

Thus, in the light of the above provisions it may be concluded that a person with either physical or mental disability, who has been subjected to sexual harassment at workplace will be entitled to raise a complaint through the appropriate authorities as above-stated under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), as they have the legal capacity and the right to file a complaint under the RPWD Act, 2016. 

Procedural Safeguards under the RPWD Rules, 2017 

In addition to the provisions under the POSH and RPWD Acts discussed above, Rule 8(e) of Chapter IV of the Rights of Persons with Disabilities Rules, 2017 (RPWD Rules, 2017) requires every government and private establishment having 20 or more employees to appoint a Liaison Officer. This officer is responsible not only for overseeing recruitment and accessibility of facilities but also for assisting employees with disabilities, including both women and men when they are involved in Internal Committee (IC) proceedings as complainants, respondents, or witnesses. The Liaison Officer ensures that reasonable accommodations and appropriate support are provided so that these individuals can participate meaningfully in the inquiry process, without being disadvantaged due to their disability. 

Additionally, Rule 8(4) of the same Rules mandates that private establishments with fewer than 20 employees must also provide such facilities and amenities as are necessary to enable persons with disabilities to effectively discharge their duties. This ensures that smaller establishments are not exempt from their obligation to maintain an accessible and non-discriminatory workplace. 

Reasonable Accommodation during IC Proceedings under the RPWD Framework 

IC proceedings under the POSH Act must be inclusive and accessible to all persons with disabilities, whether they are parties to the complaint (complainant or respondent), witnesses, or IC members themselves. In accordance with the Rights of Persons with Disabilities Act, 2016 and Rules, 2017, establishments are legally bound to ensure reasonable accommodation during such proceedings. 

For parties to the inquiry, accommodations must be tailored to the nature of their disability. For example, a person who is blind or has low vision may require a screen reader, braille transcription of documents, or audio descriptions of visual evidence. A person who is deaf or hard of hearing may need Indian Sign Language (ISL) interpretation, live captioning, or real-time transcription services. Individuals with speech or communication disabilities may need alternative communication tools or support persons. Persons with benchmark disabilities who require high support may need evidence converted into video format with audio description, or simplified communication formats. 

Witnesses with disabilities also have the right to participate meaningfully in IC inquiries. If the inquiry is conducted via video conferencing, establishments must ensure the platform is accessible (e.g., supports screen readers, allows real-time captioning, or accommodates sign language interpretation). Support persons, interpreters, or technological aids must be provided based on the individual’s specific needs. Ensuring privacy and dignity during remote or hybrid hearings is also crucial. 

Finally, when an IC member is a person with disability, the establishment must provide all necessary accommodations to enable full participation in deliberations and decision-making. This may include accessible meeting formats, assistive technology, adaptive seating, ISL interpreters, or software for documentation and communication compatible with their needs. These are not discretionary measures but mandatory procedural safeguards under Section 20 of the RPWD Act, 2016 and Rule 15 of the RPWD Rules, 2017, which require accessible information, communication, and built environments. By ensuring these accommodations are in place, establishments fulfil both their statutory obligations and constitutional commitment to dignity, equality, and non-discrimination for persons with disabilities in workplace redressal mechanisms. 

Conclusion 

Creating safe and inclusive workplaces requires not just a strong legal framework but its barrier-free and empathetic implementation. The POSH Act and the RPWD Act, along with the RPWD Rules, 2017, collectively mandate that persons with disabilities, whether they are complainants, respondents, witnesses, or IC members, they must be provided with reasonable accommodations to ensure their full, equal, and dignified participation in Internal Committee proceedings. To truly uphold these legal and ethical obligations, organisations must also proactively adopt accessible technologies wherever available, ensuring that inclusion and fairness are not just principles, but everyday practices. 

As disability rights advocate Judith Heumann once said: 

“For people without disabilities, technology makes things easier. For people with disabilities, technology makes things possible.” 

Written by Adv. KPS Vasantha & Adv. Deeksha Rai