Clear case of discrimination: Gujarat HC on CRPF denying promotion to HIV positive staffer
Ahmedabad, Feb 12 (PTI): The Central Reserve Police Force (CRPF) denying a female staffer promotion to a higher post because she was infected with HIV-AIDS was a clear instance of discrimination, the Gujarat High Court noted on Wednesday.
A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi made the observation while hearing a plea filed by the woman staffer of the CRPF who said she was being denied promotion despite meeting other eligibility criteria because she was suffering from HIV-AIDS.
The court directed that the matter be brought to the notice of in-charge Additional Solicitor General of India and sought the law officer's appearance before it on the next date of hearing on March 6.
The counsel appearing for the respondents -- the Union of India, CRPF and Commandant, CRPF -- contended that a standing order was passed pursuant to the rule which stipulates that a candidate has to be in "shape one" for the purpose of promotion.
"This case highlights clear instances of discrimination in the Central Reserve Police Force for the incumbents who are suffering from the disease known as HIV-AIDS," the HC said in its order.
The counsel for the petitioner contended the woman has been denied promotion to higher posts consistently despite being fit for elevation on all other aspects of eligibility except the fact that she is suffering from the infectious disease which is progressing.
The petitioner challenged the validity of the Standing Order Number 4/2008 as well as Rule 5 of the CRPF Assistant Commandant (Ministerial), Recruitment Rules 2011, on the ground the same is contradictory to the provisions of HIV and AIDS (Prevention and Control) Act, 2017 and the National HIV Counselling and Testing Guidelines 2024.
They were also violative of Articles 14, 16 and 21 of the Constitution as the petitioner was being denied promotion to a higher ministerial post only on the basis of a decision of the medical board dated February 3, 2024, reporting the petitioner was suffering from higher grade of the disease, the court noted in its order.
Articles 14, 16 and 21 deal with equality, equal opportunity in government employment to all citizens and prohibition of discrimination based on certain grounds like religion, race, caste, and right to life and personal liberty, respectively.
"The promotion, if any, made on the post in question, shall be subject to the final decision of the present petition," the bench maintained.
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Activists write open letter to Odisha govt flagging anti-Christian violence
New Delhi: Activists and rights campaigners John Dayal, Aakar Patel, Vidya Dinker and Harsh Mander have expressed serious concern over the alleged rise in violence and intimidation against Christians in several districts, accusing both Hindutva organisations and sections of the police of targeting the minority community.
In a strongly worded communication addressed to the state administration, the signatories said they had received disturbing testimonies from affected people regarding social boycott, denial of burial rights, physical assaults and police intimidation.
According to the activists, Christians in some areas were allegedly boycotted by villagers, while people who traded with them, employed them or provided them shelter were also targeted.
The letter also highlighted what it described as “gruesome” incidents involving the prevention of burials of Christians within village burial grounds and even on privately owned lands belonging to Christian families. The activists said there were cases where bodies remained unburied for days due to opposition from local groups, while in some instances burials were allegedly forced to take place in forest areas outside village limits. Funeral prayers were also reportedly disrupted.
The signatories further alleged that in certain districts the violence escalated into physical assaults on Christians. They claimed that some victims were tied to trees and beaten, while others were allegedly placed inside sacks and assaulted. The letter also mentioned a few reported instances of sexual violence and attempts to burn people alive, which, according to them, were stopped at the last moment.
Expressing particular concern, the activists said many victims had testified that police personnel joined hands with Hindutva organisations to force Christians into signing “compromise” agreements. These agreements allegedly required them to give up their faith and stop collective worship.
The letter also accused the police of registering serious criminal cases against victims of attacks instead of taking action against the attackers. According to the signatories, many of those attacked were detained in police stations and jails, while in some cases the police themselves allegedly played a direct role in intimidation and violence against Christians.
Stating that there appeared to be a “complete breakdown in the constitutional machinery of the state” in relation to Christian minorities, the activists urged the administration to uphold and protect the constitutional and religious rights of all citizens without discrimination based on religion, caste or creed.
The letter was signed by John Dayal, Aakar Patel, Vidya Dinker and Harsh Mander.
