Delhi High Court Upholds the Rights of HIV Positive BSF Constable

The Delhi High Court ordered the reinstatement of a BSF constable, discharged in 2017 for being HIV positive, emphasizing the RPWD Act's stance against discrimination based on disabilities. The court advised alternative posting arrangements within the BSF while underlining the lack of other grounds for discharge.

The Delhi High Court has ruled in favor of reinstating a BSF constable who was discharged from service in 2017 for being HIV positive. Justices C Hari Shankar and Om Prakash Shukla reviewed the plea to overturn the previous discharge order dated April 9, 2019.

The court stated that if the constable's medical condition hinders his ability to perform his original duties, the BSF must offer reasonable accommodation by assigning him an equivalent position. The judgment highlights that a supernumerary position could have been created for his case.

The court also emphasized the Rights of Persons with Disabilities (RPWD) Act, 2016, which prohibits discrimination based on disability in employment matters, reinforcing that the constable's discharge for being HIV positive was unjustified and unsupported by other performance-related grounds.

(With inputs from agencies.)