SC: Disciplinary proceedings against mentally disable is Indirect Discrimination

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Munmun Kaur-

Published On: December 20, 2021 14:35 IST

Recently, the Supreme Court in its judgement held that disciplinary proceedings against a person with mental Disability amount to indirect Discrimination. Such a person is protected under the Rights of Persons with Disabilities.

The Apex Court was hearing an Appeal filed by Ravinder Kumar Dhariwal, an Assistant Commandant in Central Police Force, who is Accused of using offensive language, appearing in the media without prior approval and Assaulting.

It was discovered that the Accused was categorized with 70% disability and had a history of Depression.

A Bench led by Justice DY Chandrachud observed that mental Disability impairs a person to comply with workplace standards in comparison to others. Therefore, such persons have the disadvantage of being more prone to disciplinary proceedings. Thus, the initiation of disciplinary proceedings against persons with mental Disabilities is a form of indirect Discrimination.

The Court while setting aside the disciplinary action, protected his pay and emoluments giving the discretion to the Authorities to assign him a job that does not require the use or control of Firearms.

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