How Disabled Persons Can File a Complaint & Protect Their Disability Rights Step-by-Step Guide

If someone misbehaves or harasses a disabled person,

you have the full right to file a complaint against them

under Section 92 of the Disability Act 2016, and you will receive full justice.

In this society, we have often seen that disabled persons face many problems,

and social violence and harassment are among them.

People always try to make them feel low and mess with them,

making disabled individuals feel unsafe in society.

But now, they do not have to worry you have the full

right to file a complaint against them under

Section 92 of the Disability Act 2016, and you will receive full justice.

Who Disabled Person Can File a Complaint?

The Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act,

(PWD Act) of 2016 had heralded a new dawn in the lives of disabled people in India.

A person with disability, any individual, or an organization

can file a complaint on behalf of the victim. The complaint must be accompanied by:

A disability certificate of the victim
Supporting documents

Complaints can be submitted by post, by hand, or by e-mail.

Where Disabled Person Can File the Complaint?

State Commissioner for Persons with Disabilities

📍 Address:
25-D, Mata Sundri Road, Near Guru Nanak Eye Center, New Delhi-110002

📞 Phone: 011-23216003-04
📧 Email: comdis.delhi@nic.in

How Disable Person Can File a Complaint?

You can approach the State Commissioner using one of the following methods:

In Person
Through a Representative
Through Registered Post
By E-mail

Details Required in the Complaint

Complainant Information:
- Name of the complainant
- Name of the victim (the affected person with a disability)
- Complete postal address
- Contact number and email (if available)
Victim’s Details:
- Brief description of the victim
- Nature and percentage of disability
Details of the Opposite Party:
- Name and address of the person(s) or organization(s) against whom the complaint is being made
Incident Details:
- What happened
- When did it happen
- Where did it happen
- What relief is being sought

Documents Required

Documents supporting the allegations in the complaint
Clear and legible copy of the Disability Certificate from a valid authority

What Happens Next?

Complaint Acknowledgment & Response
- Once the State Commissioner receives the complaint, a copy will be forwarded to the opposite party for their response.
- The complainant may submit a rejoinder if necessary.
- Parties may be heard in person if required.
Non-Appearance Consequences
- If the complainant (or their agent) fails to appear, the Commissioner may dismiss the complaint or decide on merits.
- If the opposite party (or their agent) fails to appear, the Commissioner may take action under the Rights of Persons with Disabilities Act, 2016, and may proceed ex-parte.
Adjournments
- The State Commissioner may adjourn the hearing at any stage if deemed necessary.

Core Principles of Disabled person’s Rights

Foundational Principles (Article 3)

The Disability Convention upholds human rights principles that protect and empower persons with disabilities. These include:

Respect for dignity and individual autonomy
Non-discrimination
Full and effective participation and inclusion
Respect for differences
Equality of opportunity
Accessibility for all
Gender equality
Protecting the rights of children with disabilities

These principles are deeply rooted in the Convention and aim to create a more inclusive and fair society for disabled person

However, the proposed amendments by the Ministry of Social Justice and Empowerment (MOSJE) only repeat Article3 without including key provisions that strengthen these rights, such as:

Civil and political rights
Rights of women and girls with disabilities
Other essential protections

Protecting Against Discrimination (Article 4(1)(e))

The Disability Convention states that discrimination against persons with disabilities must be addressed in all areas of life, including the private sector.

Unfortunately, the proposed amendments do not clearly:

Ban discrimination based on disability
Specify the consequences for those who violate these rights

To ensure true equality and justice, laws must clearly define discrimination and provide strong protections for persons with disabilities in all aspects of society.

Recognized Rights For Disabled Persons

Right to Equality and Non-Discrimination – It also recognizes the need to provide for reasonable accommodation in order to further the right to equality.
Right of Women and Girls with Disabilities – Full and equal enjoyment of all human rights and fundamental freedoms.
Right of Children with Disabilities – Full and equal enjoyment of all human rights and fundamental freedoms. A child’s right to express views on matters affecting him/her is also recognised.
Right to Accessibility – Access to the physical environment, transportation, information, and communications, including information and communications technologies and systems, in urban and rural areas.
Right to Life
Right to Protection and Safety – Ensuring security in situations of risk, armed conflict, humanitarian emergencies, and natural disasters.
Right to Recognition Before Law – The right to legal capacity is also included.
Right to Access Justice – With procedural and age-appropriate accommodations.
Right to Liberty and Security of Person
Right Not to Be Subjected to Cruel, Inhuman, or Degrading Treatment or Punishment
Protection from Exploitation, Violation, and Abuse – Including gender-based abuse.
Right to Respect for Physical and Mental Integrity
Right to Freedom of Movement – Including the right to acquire and change nationality.
Right to Live in the Community – And choose place of residence.
Right to Freedom of Expression
Right to Privacy
Right to Marry and Found a Family
Right to Retain Fertility and Other Reproductive Rights
Right to Education
Right to the Enjoyment of the Highest Attainable Standard of Health
Prohibition on Discrimination on the Basis of Disability in Employment
Right to an Adequate Standard of Living – Including adequate food, clothing, and housing.
Right to Participate in Political and Public Life – Including the right to vote and to be elected.
Right to Participate in Cultural Life

Helplines for Disabled Women in Distress

National Commission for Women Helpline – 7827170170
Central Social Welfare Board – Police Helpline – 1091 / 1291, (011) 23317004
Shakti Shalini – 10920
Shakti Shalini – Women’s Shelter – (011) 24373736 / 24373737
SAARTHAK – (011) 26853846 / 26524061
All India Women’s Conference – 10921 / (011) 23389680
JAGORI – (011) 26692700 / +918800996640
Joint Women’s Programme (also in Bangalore, Kolkata, Chennai) – (011) 24619821
Sakshi – Violence Intervention Center – (0124) 2562336 / 5018873
Saheli – A Women’s Organization – (011) 24616485 (Saturdays)
Nirmal Niketan – (011) 27859158
Nari Raksha Samiti – (011) 23973949
RAHI – Support Centre for Women Survivors of Child Sexual Abuse – (011) 26238466 / 26224042 / 26227647
Challenges Faced By Women with Disabilities

Legal Aid Helplines

Human Rights Law Network (Madhyam Helpline & Legal Services) – (011) 24316922 / 24324503
Lawyers Collective Women’s Rights Initiative (LC WRI) – Pro Bono Legal Aid for Domestic Violence Cases – (011) 24373993 / 24372923
MARG (Multiple Action Research Group) – (011) 26497483 / 26496925
Delhi Police Helpline – 1091
Delhi Commission for Women – (011) 23379181 / 23370597
Women’s Cell, Delhi Police – [See Link]
National Human Rights Commission – (011) 23385368 / 9810298900
Pratidhi – (011) 22527259

Other Important Helplines

Government AIDS Helpline – 1097
Child Line (24-Hour Helpline for Children in Need of Care and Protection) – 1098
CATS – Centralized Ambulance for Trauma Services (Delhi Govt.) – 1099
Counselling Services for Women in Distress (Delhi Police) – 3317004
Sarthak – Career Guidance and Counselling for Young People – 9628052777 / 9628019278 / 9628019279
Helpline on Breathing Problems (Better Breathers Club of India) – 9628015969 / 9632154536 / 9628005278
Hotline for Brain Attack – 5792090 / 5794733

How Disabled Persons Can File a Complaint & Protect Their Disability Rights | Legal Guide