
In one of those fortuitous coincidences, the Bombay High Court came up with an extremely important judgement just as the nation prepared to commemorate World AIDS Day which falls today. By ruling that a person cannot be denied employment only on the ground that she is HIV positive, the court has struck a blow not just for an individual8217;s constitutional rights, but for all Indians living with HIV/AIDS.
Despite the disease having been around in this country for nearly two decades now, despite the official figure pegging the number of the AIDS/HIV infected at 85,290 8212; the actual figure could be several times this 8212; India has as yet been extremely laggard in putting a proper system to manage the disease in place. The kneejerk response of the authorities and the general public to it has only resulted in driving the disease underground.
The Zimbabwean Intersectoral Committee on AIDS And Employment was such an initiative. It came up with a national code that sought to protect employment opportunities for those living with HIV/AIDS.
The recent Bombay High Court judgment assumes great importance for precisely this reason 8212; it could form the basis for such an exercise. The woman seeking employment in this case happened to be a widow with three minor children. Clearly a job was a crucial livelihood issue for her and her family. Besides, she was physically fit to discharge her duties as a clerk. This is just one case. There will be several hundreds in the years ahead.
Since 1994, almost every country in South and Southeast Asia has seen its HIV prevalence rates double and India is no exception. It would need more than a sensitive judiciary to provide an adequate response to this crisis-in-the-making.