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Subject: [India Thinkers Net]HC verdict brings relief to HIV patients - January21, 2004




 
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HC verdict brings relief to HIV patients

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www.ndtv.com


Dipti Agarwal

Wednesday, January 21, 2004 (Mumbai):


In a landmark judgement that will provide relief to
the nearly five million HIV positive people, the Bombay
High Court has ordered that no one can be refused
employment simply on the basis of an HIV positive status.

The legal battle began 5 years back when New India
Assurance company turned away an HIV positive woman.
Her husband also an employee of the company had also
died of AIDS.




"They were not given any facilities that a permanent
employee enjoys. The court said that this is not done
since such an act is discriminatory. If the HIV
positive person is fit to work, then discrimination
against him is a violation of their constitutional
right," said Anand Grover, Lawyers' Collective.

In its order the court said that employment cannot
be denied if the following conditions exist:


The HIV positive employee is fit to perform his duties.
The person is qualified to perform the duties.
The employee does not pose a health hazard to co-workers.
NGO's working with AIDS patients have welcomed the
verdict. "This judgement gives hope to many others.
They know that they can also fight their battle,"
said Dr Shilpa Merchant.

The historical judgement is applicable only to employees
of state and public undertakings. To bring the private
sector into the fold, a new legislation is the need
of the hour.



 


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