Lucknow— In what can be regarded as a significant ruling, the Lucknow bench of the Allahabad High Court has ruled in favor of an HIV-positive CRPF Jawan, whose promotion was reversed citing his HIV status. The two-judge bench, consisting of Justice Devendra Kumar Upadhyay and Justice Om Prakash Shukla, heard an intra-court appeal of the Appellant as the single judge bench of the same court had dismissed the appeal against the CRPF in May 2023.

Violation of Fundamental Rights:

The bench observed that denial of promotion in employment amounted to a violation of key fundamental principles of the Constitution, including Article 14 (right to equality), Article 16 (right to non-discrimination in state employment), and Article 21 (right to life). The bench cited the aforementioned provisions to emphasize that HIV/AIDS patients have the "right to equal treatment everywhere" and they "cannot be denied job opportunities or discriminated against in employment matters based on their HIV status."

The Case: Reversal of promotion

The appellant, who got recruited as a Head Constable in CRPF in 1993, got to know about his HIV Status only in 2008. In 2013, he was promoted to the rank of Head Constable. However, on the basis of his annual medical examination report, which placed him in the P-2 category, he was denied promotion in 2014. The court observed that the medical category of the person does not in any way infringe upon the promotional prospects of the appellant.

The court also posited that the degree of physical requirement reduces as a person moves up in the hierarchy, and therefore, a person who is fit to serve as a constable cannot be denied promotions to a higher level

Courts to the rescue of HIV+Jawans

In 2017, the Supreme Court ruled in favor of an HIV+ Army Jawan and held that he was entitled to disability pension. The Jawan had moved to the Apex Court after the Army and the Armed Forces Tribunal denied him disability pension and other benefits.

In 2021, the Delhi High Court stayed Transfer orders of an HIV Positive BSF Jawan from Delhi to Cachar, citing his health condition.

Speaking to The Mooknayak Bharti Sahu from Purukuti, an NGO that works in the field of HIV positive people asays “There are HIV positive people, who despite being as hardworking as others are being discriminated. Probably because of their health vulnerability the employers are in dilemma that whether these people would be able to put in their 100%.

The government of India estimates that there are about 2.40 million people living with HIV/AIDS in India with a prevalence rate of 0.2%.

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