Archive · 18 Dec 2025
Delhi High Court Rules HIV+ Persons as PwDs
The Delhi High Court made an important decision that people who have HIV should be considered as having a disability.
This is because having HIV can make it hard for someone to do their job and live normally.
The court said this in a case about a soldier who was fired from his job because he had HIV.
The court said it was wrong to fire him just because he had HIV and told the army to give him his job back.
The court also said that if the soldier can't do his old job because of his health, the army should find him a different job that he can do.
This decision helps protect people with HIV from being treated unfairly at work.
Delhi High Court ruled that HIV-positive persons fall under the PwD category under the RPWD Act.
The court directed the reinstatement of a BSF constable who was discharged in 2019 for being HIV-positive.
The court emphasized that terminating an HIV-positive employee violates both the RPWD Act and the HIV Act.
BSF was found to have a procedural lapse for not assessing the HIV risk as per Section 3(a) of the HIV Act.
The constable is entitled to continuity of service and pay fixation but not back wages.
- Who
- Delhi High Court, BSF constable
- What
- Court ruled HIV-positive persons fall under PwD category
- When
- Order passed on 16 December
- Where
- Delhi High Court
- Why
- To prevent discrimination and ensure reasonable accommodation for HIV-positive employees
- Acts Involved
- Rights of Persons with Disabilities (RPWD) Act, HIV and AIDS Prevention and Control Act, 2017
- Petitioner
- BSF constable discharged in 2019
- Court's Decision
- Reinstatement of the constable
- Key Sections
- Section 2(s) of RPWD Act, Section 3 of HIV Act
- Procedural Lapse
- BSF did not assess HIV risk as per Section 3(a) of HIV Act
- Benefits
- Continuity of service, pay fixation, no back wages
- Medical Condition
- HIV-positive with abdominal tuberculosis
- Court's Emphasis
- Reasonable accommodation for alternate employment