NEW DELHI: The Delhi High Court has ruled that dismissing personnel from the Central Armed Police Forces (CAPF) solely due to their HIV-positive status constitutes discrimination and violates the provisions of the HIV Act.
A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur observed that authorities are legally obligated to accommodate individuals living with HIV, rather than resorting to termination.
“While medical standards may apply to personnel who are confirmed in service, Section 3 of the HIV Act mandates that these standards apply equally to individuals who have been offered appointments but are found to be HIV-positive during their probation period,” the court said. It also emphasised that dismissal based solely on HIV status is discriminatory, a practice expressly prohibited under Section 3 of the HIV Act.
The ruling provides significant relief to three CAPF personnel who had been denied promotions or appointments due to their HIV status. Their exclusion was based on their failure to meet the SHAPE-I medical classification, a requirement for career advancement within the force.
However, the Court ruled that the Office Memorandum (OM) issued in 2008, which mandates the SHAPE-I medical classification for promotions, must be interpreted in light of the HIV Act’s non-discrimination provisions.
“To align with the objectives of the HIV Act and its prohibition against discrimination, Para 4.13 of the OM dated 18.11.2008 should be interpreted narrowly with respect to HIV-positive personnel.