NEW DELHI: The Delhi HC has held that an HIV positive person falls within the definition of “person with disability” and is entitled to protection against discrimination in employment.
A bench of justices C Hari Shankar and Om Prakash Shukla said that an HIV positive employee would “unquestionably” be suffering long-term physical impairment, which would hinder his full and effective participation in society. “Ergo, he would be a ‘person with disability’, as defined in Section 2(s) of the RPWD Act,” the bench said—referring to the Rights of Persons with Disabilities Act, 2016—in an order passed on December 16.
The bench made the observations while allowing a petition filed by an HIV-positive constable of the BSF, who had been discharged from service for medical reasons. The bench said that if a person with HIV was unable to perform duties of the post to which he was appointed, he should be provided reasonable accommodation by offering him an alternative appointment to another equivalent post.