Hepatitis-B patient cannot be denied civil, public job, says Kerala High Court 

The court directed FACT to subject the petitioner to a medical examination, which shall be completed within two months.
Kerala High Court
Kerala High Court

KOCHI: Kerala High Court has held that no person can be denied civil/public employment, solely because they are suffering from blood-borne diseases like Hepatitis B or HIV. 

Justice Devan Ramachandran made the observation on a petition filed by a man challenging the decision of Fertilizers and Chemicals Travancore Ltd, Eloor, denying employment to him solely on the ground that he is suffering from Hepatitis-B infection. The court directed FACT to subject the petitioner to a medical examination, which shall be completed within two months.

Thereupon, and depending upon the opinion to be so obtained, FACT should consider the petitioner for appointment to the post, said the court. S Manu, Deputy Solicitor General of India, submitted that the government has made it limpid that no person can be denied civil/public employment, solely because they are suffering from blood-borne diseases.  

‘Report steps taken to ensure confidentiality of HIV patients’ 

KOCHI:  The Kerala High Court on Friday directed the state government to inform it of the steps taken to ensure the confidentiality of persons infected with HIV while they apply for financial benefits via Akshaya centres.

Issuing the order on a petition highlighting the issues faced by those infected with HIV, Justice Devan Ramachandran said: “There can be no doubt that maintaining the confidentiality of the information of people like the petitioner is paramount and unassailable.

Since the right to privacy is a constitutional guarantee available to the petitioner, it is beyond doubt that the state as well as district collectors are obligated to ensure that confidentiality is maintained at every stage, for which specific safeguards have to be put in place.”

The petitioner said though the government issued a notification granting them certain benefits, it mandates that they submit an application before the district collector and comply with the format, as required for benefits under the Chief Minister’s Distress Relief Fund.

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