Addressing mental health issues at the workplace, the Supreme Court held that disciplinary action against individuals having these issues is discriminatory. The court set aside inquiry proceedings against an assistant commandant of the Central Reserve Police Force (CRPF) over charges of misconduct. The commandant had appealed to the court after he faced disciplinary proceedings at the workplace.
The officer said he developed mental health issues in 2008 after he was continuously deployed in regions where anti-insurgency operations were being conducted. A bench of Justices D Y Chandrachud, Surya Kant and Vikram Nath emphasised the need for a nuanced approach towards people dealing with mental health issues. The court ordered that the commandant should be accommodated in a post keeping in mind his current mental health condition with the same pay scale and benefits.
“Many people with mental health disorders are willing and able to work. However, socio-structural barriers impede their participation in the workforce. Exclusion from the workforce not only creates conditions of material deprivation, but it also results in isolation and marginalisation,” the judgment said.
“Often the process of the disciplinary proceedings is the punishment...While the stigma and discrimination against persons with mental health disorders are rampant in society, as the highest constitutional court of the country, it falls upon us to ensure that societal discrimination does not translate into legal discrimination,” the bench added.