No employment discrimination on basis of AIDS. Orissa High Court

August 22, 2009

No employment discrimination on basis of AIDS

Express News Service: 22 Aug 2009

CUTTACK: In a landmark judgment delivered recently, the Orissa High Court has

directed that people living with HIV/AIDS (PLWHAs) cannot be discriminated in

the matter of employment only because of their condition.

The law is very clear on the issue and such act would amount to violation of the

Article 14 of the Constitution of India that ensures Right to Life and Equality,

the court has stated.

The division bench comprising Justice BP Das and Justice BP Ray have also

directed that the State and public sector employers cannot take the stand that

they will not hire someone in a permanent post unless they are satisfied that

the person will serve the entire term of the service.

The bench has directed the State Bank of India to provide employment to a

petitioner undergoing such circumstances in a post suitable to his

qualification.

According to case records, the petitioner's father while working in the SBI

Balichandrapur branch in Jajpur district died on March 1, 1996 due to AIDS.

On his death, his wife had approached the bank to provide her employment on

compassionate grounds. The bank agreed to appoint her as messenger in Nuabazaar

branch Cuttack but subject to satisfactory medical report.

In October 1996, the bank issued a letter of request to the superintendent of

the SCB Medical College and Hospital here for providing the HIV test report,

which declined on the basis of law.

The woman, who is the mother of the petitioner was asked to get tested in other

hospitals, which she finally did at CDR Hospital in Bhubaneswar in 1998. After

obtaining the report, the branch manager of Nuabazaar branch did not issue any

appointment letter to her.

The woman died due to cerebral malaria on July 18, 2001, following which the

petitioner applied for a job on compassionate grounds. But no action was taken.

The petitioner alleged that as his father had died of AIDS, the bank authorities

were determined not to give him employment out of the stigma.

The bank, however, denied the allegations and said that there was no provision

for giving compassionate employment to the kin of an employee after five years

of his death.

The court, however, asked the bank authorities to comply with its directions.

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