In a significant ruling, the Kerala High Court has declared that individuals diagnosed with Hepatitis B cannot be denied employment opportunities in civil or public sectors solely based on their medical condition. The court emphasized that such discrimination violates the constitutional guarantee of equality under Article 14 of the Indian Constitution.
The case arose when a petitioner, who had been diagnosed with Hepatitis B, applied for a position at Fertilizers and Chemicals Travancore Ltd (FACT), a public sector undertaking in Kerala. Despite meeting all the necessary qualifications, the petitioner was informed that he was unfit for employment due to his Hepatitis B status. This decision was based on a medical report that did not provide adequate justification for why Hepatitis B would render the petitioner unsuitable for the job.
Justice Devan Ramachandran, presiding over the case, observed that denying employment to an individual solely on the grounds of a Hepatitis B diagnosis is discriminatory and contrary to contemporary standards of human rights and dignity. The court noted that such practices shock the collective conscience of society and are inconsistent with the principles of equality and non-discrimination enshrined in the Constitution.
The court further highlighted that the government had already established protocols for the employment of individuals living with HIV, thereby setting a precedent for the inclusion of individuals with other medical conditions, such as Hepatitis B, in the workforce. Justice Ramachandran pointed out the inconsistency in policies that allow individuals with HIV to be employed while denying similar opportunities to those with Hepatitis B without any rational basis.
In its judgment, the Kerala High Court directed FACT to reconsider the petitioner's application and undergo a fresh medical examination by an independent medical board affiliated with a government hospital. This examination was to assess the petitioner's fitness for the role, taking into account his medical condition and its potential impact on his ability to perform job duties.
Additionally, the court recommended that the Central Government formulate comprehensive guidelines to prevent discrimination against individuals with Hepatitis B in employment settings. These guidelines would ensure that employment decisions are based on an individual's qualifications and abilities rather than their medical status.
This ruling underscores the judiciary's commitment to upholding the rights of individuals with medical conditions and promoting an inclusive society where employment opportunities are accessible to all, regardless of health status. It serves as a reminder that discrimination based on health conditions not only breaches constitutional rights but also undermines the principles of justice and equality.
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