Jyoti: /* Workplace discrimination, right against: SC */

2022-01-28T22:22:35Z

‎Workplace discrimination, right against: SC

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2022-01-28T22:21:01Z

Created page with "This is a collection of articles archived for the excellence of their content. Additional information may please be sent as messages to the Facebook community, Indpaedia...."

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This is a collection of articles archived for the excellence of their content.<br/>
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[[Category:India |M ]]
[[Category:Health |M ]]
[[Category:Law,Constitution,Judiciary |M ]]
[[Category:Government |M ]]

=Court judgements=
== Workplace discrimination, right against: SC==
[https://www.thehindu.com/news/national/mental-disability-sc-sets-aside-disciplinary-action/article37991833.ece Dec 18, 2021: ''The Hindu'']

Mental disability | Supreme Court sets aside disciplinary action

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

Legal Correspondent

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.

The judgment came in an appeal filed by Ravinder Kumar Dhariwal, an assistant commandant in Central police force, who was accused of using offensive language, of appearing in the media without prior approval and assault.

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

Setting aside the disciplinary action against him, the court protected his pay and emoluments and gave the authorities the discretion to assign him a job which does not require use or control of fire arms.

@@ Line 16: / Line 16: @@
 =Court judgements=
 == Workplace discrimination, right against: SC==
-[https://www.thehindu.com/news/national/mental-disability-sc-sets-aside-disciplinary-action/article37991833.ece  Dec 18, 2021: ''The Hindu'']
+[https://www.thehindu.com/news/national/mental-disability-sc-sets-aside-disciplinary-action/article37991833.ece  Dec 19, 2021: ''The Hindu'']
-Mental disability | Supreme Court sets aside disciplinary action
+'''Mental disability | Supreme Court sets aside disciplinary action'''
 However, the court discovered that the appellant had a history of depression and categorised with up to 70% disability
@@ Line 36: / Line 36: @@
 Setting aside the disciplinary action against him, the court protected his pay and emoluments and gave the authorities the discretion to assign him a job which does not require use or control of fire arms.

Mental disorders: India - Revision history

Jyoti: /* Workplace discrimination, right against: SC */

Jyoti: Created page with "This is a collection of articles archived for the excellence of their content. Additional information may please be sent as messages to the Facebook community, Indpaedia...."

Jyoti: Created page with "This is a collection of articles archived for the excellence of their content. Additional information may please be sent as messages to the Facebook community, Indpaedia...."