Delhi High Court: Terminating services of CAPF personnel on being detected HIV positive ‘discriminatory’

The Delhi High Court in the case Hoshiar Singh Versus Union Of India And Ors and Other Connected Matters observed and has held that the termination of service of Central Armed Police Forces, CAPF personnel on the ground of them being detected as HIV positive is discriminatory and prohibited under the HIV Act.

- TDG NETWORK

The Division bench comprising of Justice Navin Chawla and Justice Shalinder Kaur was hearing the present matter.

The bench in the case observed that the authorities are under a legal obligation to provide reasonable accommodation to persons suffering from HIV.

The court stated that: ‘Though this court is cognizant of the fact that these medical standards may apply to personnel who have already been confirmed in service, while keeping in view the mandate of Section 3 of the HIV Act, the same should equally apply to a person who has been given an Offer of Appointment, however, was detected as being HIV positive during his probation period.’