D. Y. CHANDRACHUD, SURYA KANT, VIKRAM NATH
Ravinder Kumar Dhariwal – Appellant
Versus
Union of India – Respondent
Based on the provided legal document, the key points are as follows:
Discrimination involving a person with a disability is established when the disability is one of the factors that led to the discriminatory act, not necessarily the sole factor (!) (!) .
The principle of reasonable accommodation is essential for achieving substantive equality, requiring that disabled individuals be reasonably accommodated based on their capacities. Disability is recognized as a social construct that precedes medical conditions, emphasizing access to facilities and equal participation (!) (!) .
When a legal regime is repealed, rights or privileges that have already accrued to individuals or entities under that regime are protected from being affected by the repeal, provided they have done acts to avail those rights, and such rights are specific rather than mere expectations (!) (!) (!) .
Exemptions granted under earlier laws or notifications, such as those exempting certain personnel from non-discrimination provisions, only confer privileges when they are actively exercised or acted upon. These privileges do not automatically accrue unless specific acts are performed (!) (!) .
The applicability of newer legislation, such as the rights-based disability law, depends on whether rights have been vested or accrued before the repeal or superseding of previous laws. Rights that have not been accrued are generally governed by the current law (!) (!) .
The social model of disability under international law and national statutes underscores that discrimination encompasses the failure to provide reasonable accommodation and that such duties are positive obligations of the state and employers (!) (!) (!) .
Discrimination claims under the relevant statutes do not require proof that discrimination occurred solely on the basis of disability; it suffices that disability was one of the factors contributing to the act (!) (!) .
In cases involving mental health disabilities, the law recognizes that such disabilities can impair an individual's capacity to comply with workplace standards, and discrimination based on conduct linked to mental health conditions can constitute indirect discrimination. The assessment of such conduct must be individualized, considering whether it is causally connected to the disability (!) (!) .
The duty of reasonable accommodation is ongoing and prospective, requiring employers and authorities to consider adjustments or alternative arrangements to enable persons with disabilities to participate equally in employment, unless such accommodations cause undue hardship (!) (!) .
Disciplinary proceedings against persons with disabilities, including mental health conditions, must be approached with sensitivity, and such proceedings may be discriminatory if they do not account for the disability’s impact on conduct. The proceedings should be conducted in a manner that considers the individual's impairment and potential for reasonable accommodation (!) (!) .
The legal framework emphasizes that the rights of persons with disabilities, including those with mental health disorders, are protected under both national and international law, which advocate for equality, non-discrimination, and the provision of reasonable accommodations in the workplace (!) (!) (!) .
When assessing whether disciplinary actions are discriminatory, it is sufficient to demonstrate that disability was a contributing factor, not necessarily the sole cause, of the conduct leading to such actions (!) (!) .
The recognition of mental health conditions as disabilities entails that employment actions must be carefully scrutinized to ensure they do not disproportionately disadvantage individuals with such disabilities, especially when conduct is causally linked to their impairment (!) (!) .
The legal obligations to prevent discrimination and provide reasonable accommodation are rooted in constitutional principles, international treaties, and social justice frameworks, requiring a proportional and individualized approach to each case (!) (!) .
Discrimination claims involving mental health disabilities should be approached with sensitivity, recognizing the social and environmental factors that contribute to disability, and ensuring that measures taken are justified, proportionate, and do not impose undue hardship (!) (!) .
These points collectively highlight the importance of nuanced, rights-based approaches to discrimination involving persons with disabilities, particularly those with mental health conditions, emphasizing the need for accommodation, individualized assessment, and protection against indirect discrimination.
JUDGMENT :
Dhananjaya Y. Chandrachud, J
| A. Factual Background.......................................................................................... 3 B. Submissions of Counsel .................................................................................. 10 C. Analysis ......................................................................................................... 17 | |
| C.1 Changing legal Regimes and the continuing quest for Justice ....................... 17 C.1.1 Section 6 of GCA: Accrual of Privilege..................................................... 19 C.1.2 Section 102 of the RPwD Act: The Savings Clause ................................. 35 C.1.3 A New Dawn: Appellant’s Rights under the RPwD Act ............................ 39 C. 2 Mental Disability and Discrimination.............................................................. 41 C.2.1 The Indian Legal Framework.................................................................... 41 C.2.2 Mental Health in the Disability Rights Framewo | |
Ambalal Sarabhai Enterprises Ltd. v. Amrit Lal & Co.
M.S Shivanda v. KSRTC, (1980) 1 SCC 149 and Bansidhar & Ors. v. State of Rajasthan & Ors.
Lalji Raja Sons v. Firm Hansraj Nathuram
Thyssen Stahlunion Gmbh v. Steel Authority of India Ltd.
Vikas Kumar v. Union Public Service Commission
Rajive Raturi v. Union of India
Disabled Rights Group v. Union of India
Common Cause v. Union of India
Navtej Singh Johar v. Union of India
Accused X v. State of Maharashtra
Mahendra KC v. The State of Karnataka
Geetaben Ratilal Patel v. District Primary Education Officer (2013) 7 SCC 182 – Relied [Para 67]
Anuj Garg v. Hotel Association of India
Patan Jamal Vali v. State of Andhra Pradesh
Ltd. Col. Nitisha and Ors. v. Union of India
Chintaman Rao v State of MP AIR 1951 SC 118 – Relied [Para 103]
VG Row v State of Madras AIR 1952 SC 196 – Relied [Para 103]
Modern Dental College and Research Centre v State of Madhya Pradesh
Puttaswamy v Union of India (2017) 10 SCC 1 – Relied [Para 103]
Puttaswamy (II) v Union of India (2019) 1 SCC 1 – Relied [Para 103]
Anuradha Bhasin v Union of India (2020) 3 SCC 637 – Relied [Para 103]
Akshay N Patel v. Reserve Bank of India Civil No. 6522 of 2021 – Relied [Para 103]
Sowmithri Vishnu and V. Revathi overruled: The mention "Sowmithri Vishnu and V. Revathi overruled" explicitly indicates that these cases have been overruled by subsequent jurisprudence. Overruling is a clear marker of bad law, as it signifies that the earlier decisions are no longer considered good law.
The references to the Aadhaar Act and related provisions being declared unconstitutional (e.g., "The Aadhaar Act declared unconstitutional for failing to meet the necessary requirements to have been certified as a Money Bill") suggest that certain aspects of the Aadhaar legislation have faced judicial rejection, which may include overruled or invalidated components. However, the specific phrase "declared unconstitutional" is the strongest indicator here. Since the list also includes affirmations of the Act's constitutionality by other judges, treatment appears divided; thus, only the explicit overruling of Sowmithri Vishnu and V. Revathi qualifies as a definitive bad law.
Ravinder Kumar Dhariwal cases: The case appears repeatedly with phrases such as "The Apex Court in Ravinder Kumar Dhariwal and another Versus Union of India" and "In support of his contention, the learned counsel relied upon the judgment of the Hon'ble Supreme Court in Ravinder Kumar Dhariwal v. Union of India." The consistent referencing and multiple citations across different judgments indicate that this case has been followed in subsequent rulings, showing judicial acceptance and reliance.
Several references to the case in context of constitutional and legal principles (e.g., equality, protection of rights, disability, privacy, etc.) suggest it remains authoritative and is treated as good law.
There are no explicit statements in the list indicating that any case was distinguished from the Ravinder Kumar Dhariwal decision or other cases. Without such language, it is assumed the case has generally been treated as binding or relevant, not distinguished.
No cases explicitly mention criticism or questioning of the Ravinder Kumar Dhariwal decision or other listed cases.
The references to the Aadhaar legislation and its constitutionality involve multiple judicial views, including declarations of invalidity and affirmations of validity. The treatment appears complex, with some judgments declaring parts unconstitutional and others upholding certain provisions. Since treatment varies and explicit overruled or criticized language is absent, the treatment of these cases remains somewhat ambiguous.
Cases involving the constitutional validity of specific provisions (e.g., Sections 7, 29, 57, 59 of the Aadhaar Act) show conflicting language, making their treatment uncertain without more context.
The mention of "Decisions in Mohd Saeed Siddiqui and Yogendra Kumar are overruled" suggests these are bad law, but the list does not specify whether these are directly related to the cases under review or are separate legal points.
The case involving Sowmithri Vishnu and V. Revathi is explicitly overruled, but other cases referencing the Aadhaar legislation or other constitutional issues do not have explicit treatment markers, leading to classification as uncertain.
**Source :** S. K. Nausad Rahaman VS Union of India - Supreme Court DR. ATHIRA P vs STATE OF KERALA - Kerala Kunal Kashyap, Through Pairokar/ Guardian VS State of NCT of Delhi - Delhi Vinayakrao Shantilal Desai VS NA - Gujarat Pardeep Kumar Gautam VS State of H. P. - Himachal Pradesh Rabindra Nath Shukla S/O Late Rajkishore Shukla VS Uttar Bihar Gramin Bank - Patna M. Bharathkumar VS Deputy General Manager (B&O), Appellate Authority, State Bank of India - Madras Sojal Agrawal VS State of M. P. - Madhya Pradesh Gaurav Kumar VS Union of India - Supreme Court Omkar Ramchandra Gond VS Union of India - Supreme Court Society for Enlightenment and Voluntary Action VS Union of India - Supreme Court THE KERALA PUBLIC SERVICE COMMISSION vs SABEENA.K.S - Kerala Kerala Public Service Commission, Represented By Its Secretary, Kerala Public Service Commission VS Sabeena K. S. , D/o. Saludeen K. P. - Kerala Om Rathod VS Director General of Health Services - Supreme Court Anjum Kadari VS Union of India - Supreme Court R.Kumar vs The Chairman -cum- Disciplinary Authority - Madras Satyanarayan Meena vs Union of India - Central Administrative Tribunal Union of India vs Satyanarayan Meena - Kerala Ch. Joseph VS Telangana State Road Transport Corporation - Supreme Court Isabella C.L. vs Union Of India - Gujarat P.MANIKANDAN S/O PANDIAN vs THE SECRETARY - Madras Ashwin Murli vs Oil And Natural Gas Corporation Ltd - Delhi Jane Kaushik VS Union Of India - Supreme Court ANURADHA BHASIN VS UNION OF INDIA - Supreme Court JUSTICE K S PUTTASWAMY (RETD. ) VS UNION OF INDIA - Supreme Court Jeeja Ghosh VS Union of India - Supreme Court State Of Madras VS V. G. Row: State Of Travancore-cochin - Supreme Court Vikash Kumar VS Union Public Service Commission - Supreme Court Bansidhar VS State Of Rajasthan - Supreme Court Lalji Raja And Sons VS Firm Hansraj Nathuram - Supreme Court Nitisha VS Union of India - Supreme Court Joseph Shine VS Union of India - Supreme Court Ambalal Sarabhai Enterprises LTD. VS Amrit Lal And Company - Supreme Court RAYTHEON CO. VS HERNANDEZ, (2003) - United States Accused ‘X’ VS State of Maharashtra - Supreme Court Mahendra K. C. VS State of Karnataka - Supreme Court Chintaman Rao VS State Of M. P. - Supreme Court Thyssen Stahlunion Gmbh VS Steel Authority Of India - Supreme Court Patan Jamal Vali VS State of Andhra Pradesh - Supreme Court Akshay N. Patel VS Reserve Bank of India - Supreme Court INTERNET AND MOBILE ASSOCIATION OF INDIA VS RESERVE BANK OF INDIA - Supreme Court Modern Dental College & Research Centre VS State of Madhya Pradesh - Supreme Court Justice K. S. Puttaswamy (Retd. ) VS Union of India - Supreme Court DISABLED RIGHTS GROUP VS UNION OF INDIA - Supreme Court Rajive Raturi VS Union of India - Supreme Court Anuj Garg VS Hotel Association of India - Supreme Court Common Cause (A Regd. Society) VS Union of India - Supreme Court GEETABEN RATILAL PATEL VS DISTRICT PRIMARY EDUCATION OFFICER - Supreme Court
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