The Gujarat High Court slammed the CRPF for denying a female staff member a promotion solely because she has HIV-AIDS, calling it a clear case of discrimination. The court has sought the presence of the Additional Solicitor General in the next hearing on March 6. The woman has challenged CRPF rules that violate the HIV and AIDS (Prevention and Control) Act, 2017 and constitutional rights. The court’s final decision will determine whether these rules stand or change to protect the rights of employees with HIV-AIDS.
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Ahmedabad: The Gujarat High Court said that not giving a female CRPF staff member a promotion just because she has HIV-AIDS is a case of clear discrimination.
A bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi was hearing a petition filed by the woman, who said that even though she met all the other eligibility conditions, she was not getting promoted only because she had HIV-AIDS.
The court has now asked the in-charge Additional Solicitor General of India to take note of the case and be present in the next hearing on March 6.
The lawyer representing the Union of India, CRPF, and Commandant, CRPF, argued that according to the rules, a candidate must be in “shape one” to qualify for a promotion.
“This case highlights clear instances of discrimination in the Central Reserve Police Force for the incumbents who are suffering from the disease known as HIV-AIDS,”
-the High Court stated in its order.
The lawyer for the woman said that she had been denied promotions multiple times, even though she met all other eligibility requirements except for the fact that she had a progressive infectious disease.
The woman challenged the Standing Order Number 4/2008 and Rule 5 of the CRPF Assistant Commandant (Ministerial) Recruitment Rules 2011. She argued that these rules go against the HIV and AIDS (Prevention and Control) Act, 2017, as well as the National HIV Counselling and Testing Guidelines 2024.
The High Court noted that these rules also violate Articles 14, 16, and 21 of the Indian Constitution because the woman was denied promotion based on a medical board’s decision dated February 3, 2024, which stated that she had a higher grade of the disease.
Articles 14, 16, and 21 of the Constitution provide for equality before the law, equal opportunity in government jobs, and the right to life and personal liberty, ensuring that no citizen is discriminated against based on factors like religion, race, caste, or health conditions.
“The promotion, if any, made on the post in question, shall be subject to the final decision of the present petition,”
-the bench emphasized.
The case has now gained attention, as it raises serious concerns about discrimination against people living with HIV-AIDS in government jobs.
The final decision of the court will determine whether the CRPF’s rules will be upheld or changed to align with national and constitutional protections against discrimination.
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