Union home ministry & health ministry differ on HIV positive

Nov 01: Union home ministry and Union health ministry have come face to face on the issue of recruitment and promotion of people who are HIV positive. Both the ministries have differing stands on the issue.

Issue came to light when a constable in Andhra Pradesh was denied promotion as sub-inspector by the state government on the ground of his being HIV positive.

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Andhra Pradesh High court gave verdict in the favour of constable. But state government challenged the judgment in the Supreme Court.

Bench of justice S H Kapadia and B Sudershan Reddy sought the opinion of the union home ministry on the issue. In the affidavit filed by the union home ministry on Wednesday, ministry has clarified its stand saying that HIV/AIDS affected persons have weak immune system so not able to withstand the rigors of training and the highly strenuous deployment under adverse conditions in conflict-ridden areas.

Ministry further says that armed forces and police forces require highly proficient and mentally alert people while HIV affected people will not be physically fit to carry out high risk operations.

Another argument is that even police personnel live a community life and their admission to the barracks and bunkers may put the health of other jawans at risk if the information about their being HIV positive is kept confidential as said by the health ministry.

Bench has also sought the opinion of solicitor general G E Vahanvati on this issue. This is to be known that health ministry has totally different opinion from the home ministry and has opposed the discrimination against HIV positive persons in the Supreme Court. In its affidavit filed in August health ministry said that HIV affected persons should not be discriminated for recruitment or promotion.

Health ministry favors equal rights for such people as are available to the healthy persons. Ministry of home affairs said that the report of health ministry was not applicable to the appointments in the police department or Army, which need special physical fitness and health.

Health ministry and home ministry have different stands on the recruitment or promotion of the HIV affected people Court has been suggested by the SG to decide the matter on the basis of merits.