20 March 2024 Human Right Law >> Civil & Consumer Law   |   Medical Negligence >> Consumer Rights   |   Employee Related >> Corporate Law   |   Armed Forces Tribunal >> Miscellaneous  

Facts:

This case concerns the wrongful discharge of Havaldar X (hereinafter "Appellant") from the Indian Army in 2001. The Appellant, who served without incident since 1993, was diagnosed with HIV and subsequently neuro-tuberculosis in 1999. The Army, adhering to a policy conflating HIV and tuberculosis with AIDS, discharged the Appellant in 2001.

Grounds for Appeal:

The Appellant contested the diagnosis and discharge. He argued that the diagnosis of AIDS was erroneous, evidenced by his lack of anti-retroviral therapy and CD4 cell count results exceeding the 2003 Army guidelines for AIDS.

Lower Court Decisions:

The High Court initially ruled in the Appellant's favor, but this decision was overturned on appeal. The Armed Forces Tribunal (AFT) upheld the discharge based on the original diagnosis.

Supreme Court Judgment:

The Supreme Court overturned the lower court decisions, finding the Appellant's discharge based on a misdiagnosis to be wrongful. The Court critically addressed the Army's discriminatory practices against HIV+ personnel. The Court specifically highlighted the policy that deemed AIDS self-inflicted, denying the Appellant his rightful disability pension.

Relief Granted:

The Supreme Court awarded the Appellant ?50 lakh (approx. $66,000 USD) as compensation for wrongful termination, social stigma arising from the misdiagnosis, and medical expenses. Additionally, the Court ordered the calculation of the Appellant's pension as if he had completed his full term of service.

Significance of the Judgement:

This landmark judgement sets a precedent for fairer treatment of HIV+ soldiers within the Indian Army. Furthermore, it underscores the ongoing need to combat social stigma and employment discrimination faced by HIV+ individuals throughout India.

  Army Act, 1950    HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT, 2017