Justice eludes AIDS patient

April 12, 2004

TIMES NEWS NETWORK [THURSDAY, APRIL 08, 2004 12:11:28 AM ]

NEW DELHI : A high court order had given some hope for a widow, whose husband

died of AIDS, two years ago. But justice remains elusive for Babli, who is also

suffering the same disease.

Her husband was removed from service after he was found to be suffering from

AIDS. He, however, died fighting the legal case for his pension benefits.

Two years after the high court asked Border Security Force (BSF) to pay the

benefits to Babli, the widow still waits in vain.

The force have refused to relax their rigid rules for the widow who does not

even have money for her treatment. Even her child suffers from AIDS and is

fighting for life.

Babli's advocate C M Khanna has already sent two letters to the BSF. He said:

" The letters mention the undertaking which the BSF's advocate gave to the court,

promising to grant the benefits to Babli. "

In a reply to Khanna's letter, BSF's additional deputy inspector general

(establishment) P J Rao said they are unable to comply with the court orders

since Babli's husband did not serve the force for 10 years.

According to him, he was there for just eight years and, therefore, was not

entitled to the pensionary benefits.

Rao, however, said the matter has been referred to the MHA who raised some

queries to which replies were sent in July last year. Since then they have not

heard from the MHA.

But Khanna says BSF's contention of serving years was rejected by the HC. In an

order passed on March 22, 2002 , Justice Vikramjit Sen had also declined to

consider the force's argument that " in granting the pension to the petitioner,

they would bestow a premium for his sexual deviation or recklessness. "

Sen had observed in his order: " Assuming that the petitioner got infected by

AIDS from an extra-marital affair, it could hardly be presumed he intended to

contract this fatal disorder, and not becoming eligible for premature pension. "

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