The Supreme court on Friday said the initiation of disciplinary proceedings against those with mental disabilities is a facet of indirect discrimination as it set aside inquiry proceedings contrary to an assistant commandant of the CRPF over charges of malpractice.
“A person with a disability is entitled to protection under the Rights to Persons with Disability Acts as long as the disability is one of the factors of the discriminatory act”, said the Bench Of Justices Dhananya Y Chandrachud, Surya Kant Nath.
The bench also said, “The mental disability impairs the ability of persons to comply with workplace standards in comparison to their able-bodied counterparts. Such persons suffer a disproportionate disadvantage due to the impairment and are more likely to be subjected to disciplinary proceedings. Thus, the initiation of disciplinary proceedings against persons with mental disabilities is a facet of indirect discrimination”
The court has focussed on how important it is to not discriminate or stigmatize against people having mental health issues or any other form of disability because such prejudice would only further fortify the feeling of being ‘disabled’.
The top court approved an appeal by Ravinder Kumar Dhariwal, an assistant commandant in the Central Police Force who faced a rope of inquiries and suspension for allegedly using offensive language, trying to intentionally cause an accident, and also for assaulting a deputy commandant.
The court set aside the disciplinary actions against him, protecting his pay, emoluments and gave the authorities the discretion to appoint him a job that does not involve the use of or control over firearms.
