Delhi High Court Upholds Rights of HIV-Positive Personnel in Promotions

The Delhi High Court ruled in favor of three HIV-positive paramilitary personnel who were denied promotions or appointment due to their health condition. The court emphasized the legal obligation to provide 'reasonable accommodation' under the HIV Act, protecting them from discrimination unless administrative hardship is proven.

The Delhi High Court has affirmed that authorities are legally bound to provide 'reasonable accommodation' in employment for individuals with HIV. This decision came while overturning the denial of promotion and appointment for three paramilitary personnel who tested positive for the virus.

In this case, two constables from the Border Security Force and Central Reserve Police Force were denied promotions, while a third constable on probation in the Border Security Force faced appointment denial due to their HIV status, which the petitioners argued violated the HIV Act.

Justices Navin Chawla and Shalinder Kaur decided in the petitioners' favor, stating the denial breached the HIV Act's anti-discrimination protections and mandated a reassessment of promotions and appointments, emphasizing that HIV-positive status alone should not preclude advancement in employment.

(With inputs from agencies.)