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Article

4 Dec 2011

Author:
Times of India

Judiciary alleviates their pain [India]

The high courts of various states as well as the apex court have passed some important orders that are helping make things better for [people living with HIV/AIDS]...It was in 1997 that the Bombay high court had confirmed the rights of PLWHAs in the workplace. In this case, a casual labourer was tested for HIV by his employer...and his contract was terminated...[T]he court ruled...any act of discrimination towards an employee on the basis of his HIV-positive status is a violation of fundamental rights...The services of HIV-positive employees can only be terminated if they pose a substantial risk of transmitting the virus to their co-employees or are unfit or unable to perform the essential functions of their job...

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