HIV-Positive Persons Fall Within the Definition of Persons with Disabilities: A Landmark Ruling by Delhi HC

Court: Delhi High Court
Bench / Coram: Hon’ble Mr. Justice C. Hari Shankar & Hon’ble Mr. Justice Om Prakash Shukla
Case No.: W.P.(C) 3616/2021
Case Title: [Name withheld] v. Union of India & Ors. (BSF)
Date of Judgment: 16 December 2025
Relevant Statutes:

• Rights of Persons with Disabilities Act, 2016
• HIV and AIDS (Prevention and Control) Act, 2017

Brief

In a significant and precedent-setting judgment, the Delhi High Court has categorically held that an HIV-positive person can fall within the definition of a “person with disability” under Section 2(s) of the Rights of Persons with Disabilities Act, 2016 (RPwD Act). This ruling marks what is arguably the first direct judicial equation of HIV-positive status with disability under the RPwD framework.

The case arose from the discharge of a Border Security Force (BSF) constable, who was removed from service in April 2019 after being diagnosed as HIV-positive. The constable had contracted HIV in 2017 and was undergoing antiretroviral therapy (ART). Despite treatment and recovery from associated ailments, including abdominal tuberculosis, he was issued a show-cause notice in November 2018 and subsequently discharged on the ground of being “physically unfit”. His departmental appeal was rejected in October 2020, compelling him to approach the Delhi High Court.

Key Findings of the Court

The Division Bench held that the petitioner’s discharge was unlawful under both the HIV and AIDS (Prevention and Control) Act, 2017 and the RPwD Act, 2016.

1. HIV as a Disability under the RPwD Act
   The Court held that an HIV-positive employee suffering from a long-term physical impairment that hinders full and effective participation in society would fall within the ambit of “person with disability” under Section 2(s) of the RPwD Act. Consequently, the statutory protections under Section 20 of the RPwD Act—particularly the prohibition on dispensing with the services of an employee who acquires a disability during service—were squarely attracted.

2. Non-Discrimination in Employment
   Drawing a clear parallel between the RPwD Act and the HIV Act, the Court reiterated that both statutes prohibit discrimination in matters of employment. Section 20(2) of the RPwD Act mandates reasonable accommodation, while Section 20(4) specifically bars termination of service on the ground of disability acquired during employment.

3. Violation of the HIV Act, 2017
   The Court relied heavily on Section 3 of the HIV Act, which imposes an absolute bar on terminating employment solely on the ground of HIV-positive status. The only exception—contained in Section 3(a)—requires a written assessment by an independent and qualified healthcare provider certifying that the employee is unfit to perform duties and poses a significant risk of transmission.

   The BSF, the Court noted, made no attempt whatsoever to comply with this mandatory requirement. In the absence of such an assessment, the presumption must be that the employee posed no significant risk and was fit for duty.

4. Reinstatement with Continuity of Service
   Setting aside both the discharge order (2019) and the appellate order (2020), the Court directed reinstatement of the petitioner with continuity of service and all consequential benefits, including pay fixation. However, back wages were expressly denied.

5. Reasonable Accommodation and Alternate Employment
   Importantly, the Court clarified that if the petitioner could not perform duties attached to the post of constable due to medical reasons, the BSF was duty-bound to provide reasonable accommodation. This includes offering alternate employment in an equivalent post, or if such a post is unavailable, placement in a supernumerary or equivalent position.

Broader Significance

This judgment is a watershed moment in Indian disability rights jurisprudence. For the first time, a constitutional court has explicitly recognised that HIV-positive persons may qualify as persons with disabilities under the RPwD Act, thereby extending to them the full spectrum of statutory protections relating to non-discrimination, reasonable accommodation, and security of tenure.

The ruling also reinforces the legislative intent of the HIV Act, 2017, which seeks to dismantle stigma-driven employment practices rooted in fear rather than medical evidence. Together, the two statutes are interpreted as complementary rights-based frameworks, not siloed protections.

For uniformed services and other government establishments, the decision sends a clear message: HIV status, by itself, cannot be a ground for termination. Any departure from this principle must strictly comply with statutory safeguards, medical evidence, and the obligation to provide reasonable accommodation.

From a disability rights perspective, the judgment deepens the understanding of “disability” as a lived, functional, and rights-oriented concept—rather than a narrow medical label—bringing Indian jurisprudence closer to the spirit of the UN Convention on the Rights of Persons with Disabilities.

Read the Judgement