Delhi HC says BSF can't fire constable just for being HIV-positive

India Dec 18, 2025

The Delhi High Court has ordered the Border Security Force to take back a constable who was let go after testing HIV-positive during his training in 2017.
He was discharged in 2019 because he needed lifelong treatment, but the court said this move was unfair and only based on his HIV status, which goes against disability and HIV rights laws.

What the court decided

The judges threw out both the discharge and appeal orders, telling BSF to either reinstate him as a regular constable or find him another suitable position if frontline work isn't possible.
The court also made it clear: uniformed services can't use "medical unfitness" as a reason to dismiss someone unless there's a proper legal assessment.