A v. Union of India (High Court 2000) (unreported)
2nd January 2000, 12:00 pm
A was diagnosed with HIV in 1997 while serving in the Indian Navy, where he continued working until he earned his full pension and benefits. After that period, A sought to be re-engaged by the Navy for an additional 3 year period. The Indian Navy refused to re-engage A solely due to his HIV status. A challenged this refusal in the High Court arguing that it violated his right to equal protection, life, and liberty.

The Court rejected A’s challenge, holding that he had no legal right to be re-engaged by the Navy. In reaching its conclusion, the Court distinguished the present case from other HIV employment discrimination cases in India, South Africa, Namibia and Canada, concluding that they dealt with termination of employment due solely to the person’s HIV status. In this case, the Court noted that A continued his employment with the Navy even after they learned of his HIV status, distinguishing employment and re-engagement.

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