First time in Indian Judiciary a Bipolar disorder person gonna be a judge after Pinnacle court’s approval

The Top Court has made the way for an aspirant with bipolar disorder to become a judge. The Pinnacle Court today has paved the way for a candidate with bipolar disorder to become a Judge in the Delhi judicial services, adding that the 'possibility of improvement' in the health of the candidate would not disqualify him from getting the benefit of the relaxed standards for the quota for persons with disabilities. Bhavya Nain, then 25, Eleven years ago diagnosed with bipolar disorder, a mental health condition causing extreme mood swings including emotional highs and lows, and according to the World Health Organisation, the sixth leading cause of disability worldwide. 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. He was initially selected as the sole candidate in the "mental illness" category, as he had been issued a disability certificate in 2018, which would be valid till 2023. His appointment was first challenged on grounds that he would not be capable of carrying out judicial work, and then, on grounds that he is medically "under remission" and on medication, which means that he cannot be considered "disabled". The board has noted that the candidate is "in remission" and has been taking long-term medication to manage his condition. The court, however, noted that Bipolar Affective Disorder (BPAD) is a "lifelong illness". 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 judgement noted. Granting relief to the candidate, the Supreme Court has also upheld the Delhi High Court decision which allowed the candidate to have notional seniority, but without any back wages. 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 behavioural therapy is the most effective therapy, as it works on cognition and the thinking pattern of a person. Medications for mood stabilising and/or anti-depressants are usually prescribed with advice to avoid triggers such as caffeine, alcohol and stress while having a balanced diet, regular exercise, consistent schedule and a good night's sleep.” 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. 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.