The Delhi High Court has recently addressed the issue of employment discrimination against individuals diagnosed with HIV within the Central Armed Police Forces (CAPF). A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur ruled that terminating the services of CAPF personnel solely on the grounds of being HIV positive constitutes discrimination, which is expressly prohibited under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act).
The court emphasized that authorities have a legal obligation to provide reasonable accommodation to individuals living with HIV. This stance aligns with Section 3 of the HIV Act, which prohibits discrimination in any form against people diagnosed with HIV/AIDS. The bench noted that this protection extends not only to confirmed personnel but also to those who have received an offer of appointment and are in their probation period. The judgment stated, "To terminate the service of such a personnel only on the ground of him being detected as HIV positive would result in discrimination, which is prohibited under Section 3 of the HIV Act."
This ruling was in response to cases involving three CAPF personnel who were either denied promotion or appointment after being found to be HIV positive and consequently not placed in the SHAPE-I Medical Category—a classification required for promotion as per an Office Memorandum (OM) issued in 2008. The court observed that while the OM mandates SHAPE-I medical status for promotion, this requirement must be interpreted in harmony with the objectives of the HIV Act to prevent discriminatory practices. The bench asserted that the provision should be "read down as far as HIV-positive personnel are concerned," placing an obligation on the authorities to demonstrate that accommodating such individuals in their roles would be unfeasible.
The court further clarified that if an HIV-positive individual's medical condition does not impede their ability to perform their duties, they should be considered as meeting the SHAPE-I criteria for promotion purposes. Denying promotion solely based on their HIV status, despite their capability to fulfill job responsibilities, would undermine the protections afforded by the HIV Act.
In conclusion, the Delhi High Court directed the authorities to reconvene a Review Departmental Promotion Committee (DPC) within eight weeks to reassess the cases of the petitioners. If found fit for promotion, appropriate orders should be issued, ensuring that the individuals are not subjected to discrimination due to their HIV status.
This judgment reinforces the legal protections against discrimination for individuals living with HIV, particularly in employment contexts, and underscores the necessity for inclusive policies that accommodate the health conditions of all employees without prejudice.
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