HIV+ status no ground to deny CAPF job or promotion: High court

NEW DELHI: The Delhi high court has ruled that individuals living with HIV cannot be denied appointment or promotion, as authorities are legally bound to provide "reasonable accommodation" in employment. It directed the central armed police forces (CAPF) to review the cases of three affected personnel.

The case involved two constables from the Border Security Force (BSF) and Central Reserve Police Force (CRPF) denied promotions, and a BSF constable on probation refused appointment in 2023. The petitioners argued that their rejection based solely on HIV-positive status violated the HIV Act, which prohibits such discrimination.

The court stated that employers must prove administrative or financial hardship to deny reasonable accommodation. It ruled that denying promotions due to not meeting the "SHAPE-1" medical category contradicts the HIV Act's protections.

Similarly, the BSF constable's termination was deemed discriminatory, and the court ordered a fresh review of his service status. It acknowledged that HIV-positive personnel could be fit for duty, though with some restrictions on postings or job roles.

If reassessment finds the petitioners fit, they will be granted notional seniority and related benefits from the date of denial, excluding salary differences between the two posts, the court concluded. tnn