SC rules for 'jobless' schizophrenic

For 13 years, Edward D’Cunha, 41, lived in the hope that he will get justice. His wait ended on Tuesday when the Supreme Court, in a landmark ruling, directed the Shipping Corporation of India (SCI) to reinstate him even though he suffers from schizophrenia.

Edward, a resident of Goregaon, got his first schizophrenic attack when he was on duty in Visakhapatnam in 1997 — four years after he joined the SCI as a trainee nautical officer. His condition was diagnosed by doctors at the SCI and subsequently,

D’Cunha took leave on and off. However, when he asked for three months’ leave after his fifth schizophrenic attack in 2000, the company forced him to resign with the threat that he will be blacklisted if he did not. Edward’s father, Stanley, 73, took the company to court.

On March 3, 2010, the Bombay high court rapped the SCI and the chief commissioner for persons with disabilities for their callous attitude in dealing with a schizophrenic patient. It directed the SCI to find a suitable post for Edward in their onshore office in six weeks and provide him with remuneration for all the years that he was not employed. The SCI then approached the apex court.

The Supreme Court on Tuesday dismissed SCI’s special leave petition, challenging the Bombay high court order. The ruling by a bench of justices CK Prasad and Jagdish Singh Khehar offers a glimmer of hope for other mentally ill patients. Edward is naturally thrilled. “This (ruling) will ensure that those with mental illnesses won’t have to suffer like me. I am waiting to resume my work at the SCI,” he told dna.

Senthil Jagadeesan, D’Cunha’s counsel, told dna that the Supreme Court had upheld the Bombay high court verdict and that they will get the reasoned copy soon.

“I fought this legal battle for the rights of all mental illness patients, not just for my son. The Supreme Court has given us a new ray of hope, but there is still a long way to go in terms of creating awareness about mental illness in people,” said Stanley, who works with NGO Maitri for the cause of mentally-disabled people.

After being forced to resign from the SCI, Edward worked with the Central Library on a part-time basis thanks to help from Meera Sanyal, CEO of ABN AMRO Bank (now Royal Bank of Netherlands).  After that, he was employed with the Royal Bank of Scotland. “Despite his illness, there were people who hired him and boosted his morale. It helped him lead a normal life,” said Stanley.

Pradeep Havnur, Edward’s counsel in the high court, said: “A differently-abled person had to undergo this turmoil due to lack of awareness on the part of the SCI. To date, the company is not following the Disability Act on the pretext that it does not apply to the SCI.”

Section 47(1) of the Persons with Disabilities (Equal Opportunity and Protection of Rights and Full Participation Act), 1995, states that no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service. If the employee, after acquiring disability, is not suitable for the post he held, he could be shifted to some other post with the same pay scale and service benefits. It further says that if even that is not possible, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

Edward’s doctor Dr Harish Shetty said the D’Cunha family has contributed in reducing the stigma associated with mental illness. “The family had been persistent in its effort to get justice. Their fight should inspire others,” he said.

Ray of hope for the mentally ill
Edward D’Cunha who was forced to resign from the Shipping Corporation of India said the ruling will ensure those with mental illnesses won’t have to suffer like him.