Hindustan Times (Lucknow)

SC paves the way for bipolar man to be a judge

A MEDICAL BOARD CONSTITUTE­D BY THE SC SAID THAT THERE IS NOTHING TO INDICATE NAIN WILL NOT BE ABLE TO DISCHARGE HIS RESPONSIBI­LITIES AS A JUDICIAL OFFICER

- Utkarsh Anand letters@hindustant­imes.com

NEW DELHI: Eleven years ago, Bhavya Nain, then 25, was diagnosed with bipolar disorder, a mental health condition causing extreme mood swings including emotional highs and lows, and according to the World Health Organizati­on, the sixth leading cause of disability worldwide.

Nain was prescribed medication, and advised counsellin­g by a psychiatri­st. Both helped him manage the disability, and, Nain, a law graduate, set voyage on an uncharted course – to become a judge. On Monday, the Supreme Court declared the end of at least this phase of his journey, ordering his immediate appointmen­t as a judicial officer in Delhi along with appropriat­e seniority. A bench, headed by justice Sanjay Kishan Kaul, held that there is no impediment in Nain taking charge as a judicial officer in one of the district courts in the national capital and dischargin­g his duties as a judge.

The bench, which included justice MM Sundresh, relied upon the report from a medical board, constitute­d by it on November 17, while clearing the decks for appointmen­t of Nain in what could be the first such order that breaks the glass ceiling in judicial appointmen­ts.

The medical board, which comprised experts in psychiatry and physical medicine and rehabilita­tion (PM&R) interacted with Nain, and also examined his medical records before informing the bench that “there is nothing to indicate that he will not be able to discharge his responsibi­lities to the post of judicial officer for which he has been selected”.

Nain cleared the Delhi Judicial Service-2018 examinatio­n after applying under the cate

gory of persons with disability (PwD). He got through all three rounds of the examinatio­n, including the interview, but his candidatur­e was rejected in May 2019 by the Delhi high court administra­tion.

When Nain challenged this decision before the high court on the judicial side, the administra­tion argued that Nain would not be able to effectivel­y discharge his duties as a judicial officer because of his mental illness; and that his disability cannot be construed as permanent or longterm in nature since Nain is under remission and his condition is likely to improve.

Once the disability falls under 40% at some point in future, the high court argued, Nain would not be entitled to the benefit of reservatio­n under the Rights of Persons with Disabiliti­es Act, 2016.

A high court decision in May 2020 allowed Nain’s plea, underlinin­g that the 2016 Act included mental illness as a form of disability for which reservatio­n had to be accorded to the eligible candidates.

“It appears that the Parliament granted reservatio­n, inter alia, to PwD – who suffer from mental illness (which does not include retardatio­n, as taken note of hereinabov­e), so that such persons get an opportunit­y to lead a normal life with encouragem­ent and dignity. Merely because they may need medication and treatment throughout their lives, or may suffer setbacks from time to time, cannot be a reason to deny them equal opportunit­y to assimilate in the society, make their contributi­on and have a life of dignity,” the high court judgment noted.

Firm on its views that Nain should not be inducted as a judicial officer, the administra­tion challenged this order in the Supreme Court, arguing that he cannot be granted the benefit of relaxed standard admissible to candidates belonging to persons with disability since his disability is not lifelong, and that his condition could improve in future. The high court administra­tion also raised serious questions over Nain’s ability to preside over a court and decide cases.

In August 2020, the Supreme Court stayed the operation of the high court judgment but asked the administra­tion to keep one post vacant for Nain in case it ruled in his favour.

Nain, through his lawyers, told the top court that the very fact that he cleared the examinatio­n including the viva-voce buttressed the case for his ability to handle the judicial work, more so since bipolar disorder is a medical problem which can be tackled with proper medication.

When the court, in its hearing on November 17, found it appropriat­e to constitute a medical board for ascertaini­ng Nain’s capability to efficientl­y discharge his duty as a judicial officer, his lawyers highlighte­d the innate social prejudices which arise while considerin­g such cases for appointmen­t, besides absence of parameters to judge the capacity of a judge.

At this, the court said that “the medical board will keep its objectivit­y, looking at the candidate, the task which he is required to perform on appointmen­t, and his medical condition” while asking the director of the All India Institute of Medical Sciences to set up a board for this task.

The medical board’s report informed the bench that Nain indeed suffers from bipolar disorder but has been in remission (asymptomat­ic) since August 2018. The board also advised Nain to continue his regular treatment and follow-up with his treating psychiatri­st.

Taking on record the expert opinion, the apex court ruled that Nain “is entitled to succeed”, directing the high court administra­tion to appoint him as a judicial officer and also give him notional seniority along with his other batchmates who joined after clearing the DJS-2018 exam.

Saima Zaidi, a counsellin­g psychologi­st and psychother­apist, said: “People who suffer from bipolar disorder can live an absolutely normal life while managing their personal and profession­al relationsh­ips. Bipolar disorder requires lifelong management with a combinatio­n of psychother­apy and medication. Cognitive behavioral therapy is the most effective therapy, as it works on cognition and thinking pattern of a person. Medication for mood stabilizin­g and/or anti-depressant­s are usually prescribed with an advice to avoid triggers such as caffeine, alcohol and stress while having a balanced diet, regular exercise, consistent schedule and a good nights sleep.”

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