In a verdict that may go a long way in the rehabilitation of persons with mental illnesses, the Bombay high court on Thursday gave Edward D’Cunha, 38, diagnosed with schizophrenia, a chance to get back his earlier life.
Ten years after he was asked to resign from the Shipping Corporation of India (SCI), justices Ranjana Desai and Amjad Sayed directed his former employer to reinstate him in a suitable post and pay his salary arrears within six weeks. The judges, saying the attempt to amicably settle the matter between D’Cunha and the SCI had yielded no fruits, quoted Rabindranath Tagore: “The problem is not how to wipe out the differences, but how to unite with the differences intact.”
D’Cunha’s father, Stanley, who relentlessly fought his son’s legal battle, said: “I’m thankful to God for this day and to people who stood by me and Edward.” He said he decided to take the battle to its logical end not only for his son, but also for other mentally ill people who, even after treatment, are struggling to get their lives back.
Stanley said his family encountered many “unrealistic and unsympathetic” people. “They used to tell me ‘aapka beta paagal ho gaya hai (your son has gone mad)’.” D’Cunha started working with the SCI in 1993. His condition forced him to go on sick leave frequently after March 1998. The SCI asked him to resign in June 2000.
D’Cunha had contended before the commissioner of disabilities that he was forced to resign; he had filed a complaint against the SCI in 2002. Only after attending seminars conducted by the NGO Maitri did Stanley learn his son was entitled to get a suitable post with his former employer under the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
The disabilities commissioner rejected D’Cunha’s application in June 2006, after which he moved high court. His advocate Pradeep Havnur argued that ideally the SCI should have provided D’Cunha with a suitable off-shore job, given his experience. But the SCI said that D’Cunha had willingly resigned, citing “stress at sea” and there could be no alternative placement for him.
The court, in its 39-page order, said: “The petitioner, who is a disabled person, was made to run from pillar to post to protect his employment.” Setting aside the disabilities commissioner’s order, the court said, “He failed to consider the material on record and did not appreciate the case of the petitioner in its proper perspective.”
Stanley said D’Cunha is fit to do an office job and continues to be on medication.
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