Mental disability: SC sets aside disciplinary action

However, the court discovered that the appellant had a history of depression and categorised with up to 70% disability

The Supreme Court has held that disciplinary proceedings against a person with mental disability amounts to indirect discrimination.

“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,” a Bench led by Justice D.Y. Chandrachud observed in a recent judgment.

The court held that such a person is protected under the Rights of Persons with Disabilities Act provided the discrimination was triggered by the disability.