Legal provisions involved: RPWD Act, 2016 (Sections 2(s), 20(2), 20(4)); HIV and AIDS (Prevention and Control) Act, 2017 (Section 3)

Judgement by: Delhi High Court

Judge/Bench: Justice C. Hari Shankar and Justice Om Prakash Shukla

Facts

The petitioner was appointed as a Constable (GD) in the BSF. In July 2017, he was found to be HIV positive and also had abdominal Kochs. He underwent treatment and was later examined by a Medical Board. In 2019, the BSF declared him unfit for service and discharged him, citing his medical condition. His appeals within the force were also rejected.

Key legal provisions

RPWD Act, 2016 (Sections 2(s), 20(2), 20(4))

HIV and AIDS (Prevention and Control) Act, 2017 (Section 3)

Issues raised

Can an HIV-positive employee be considered a person with a disability? Can he be removed from service just because of his HIV status?

Arguments of the case

The petitioner argued that dismissing him violated both the HIV Act and RPWD Act. The BSF argued he was unfit to serve.

Judgement

The Court ruled that an HIV-positive employee is a person with disability and cannot be dismissed just for being HIV positive. If he cannot perform his original duties, the BSF must provide another suitable position or reasonable accommodation.

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