DELHI HC ISSUED A NOTICE TO THE CENTER AFTER A FORMER BSF CONSTABLE WAS DISCHARGED AFTER HE WAS FOUND HIV POSITIVE

The Delhi High Court issued notice to the Central government and Border Security Force (BSF) after hearing a petition filed by a former BSF constable alleging that he was discharged from service after he was found HIV positive. 

Advocate Anuj Aggarwal, appearing for the Petitioner, submitted that the Petitioner joined the force in April 2017. He was transferred to Bhondsi in Gurgaon after three months of training. The same month he went through a medical examination where it was found that he had contracted HIV and abdominal kochs (a form of TB). He completed a six-month treatment at the BSF Hospital New Delhi and was discharged on 31st January 2018.   

In December 2018, the Petitioner was issued a show-cause notice. In response to the show-cause notice, he argued that he had no other source of income and his livelihood was dependent on the job. In 2019, he was discharged from his on the grounds of being physically unfit.

He preferred a departmental appeal against the order; however, the same was dismissed.

The Petitioner argued before the HC that he was not provided with a copy of the evaluation of an independent health provider wherein it was declared that the Petitioner was unfit to perform the duty. The Petitioner was not even provided with an alternative reasonable accommodation/job in case he was to perform his duties, which is required u/s 3 of this HIV Act, 2017. It was further argued that though he is HIV positive, he was fit to perform his duties as he was asymptomatic and fit.

The petition also challenged 

• Rule 18 of the Border Security Force Rules 1969 as ultra vires, unconstitutional;

•  Violative of Article 14, 21, and 311 of the Constitution;

•  Section 3 of the HIV Act 2017.

The Petitioner contended that he has not been able to procure any employment whatsoever after his illegal termination and therefore be reinstated in service.

Author: Papiha Ghoshal