Gujarat High Court warns Centre over HIV-positive CRPF officer's promotion

The Gujarat High Court has warned the Union government and senior Central Reserve Police Force (CRPF) officials of potential contempt proceedings for failing to amend service rules that discriminate against HIV-positive personnel.

The case involves a retired woman officer in the CRPF ministerial cadre who was repeatedly denied promotions due to her HIV status. Although she held desk-based roles, the force utilized a fitness grading system known as ‘SHAPE-1’ as a prerequisite for promotion. The court observed that the force has failed to align its medical and recruitment rules with the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, which prohibits employment discrimination based on HIV status.

The bench rejected the Union Home Ministry’s attempt to limit the officer’s promotional and financial benefits to 2019, ruling instead that she is entitled to benefits retrospectively from 2016, when her juniors were promoted. The court questioned the logic of applying strict combat-style medical classifications to ministerial staff and emphasized that administrative memorandums cannot override constitutional protections regarding equality and the right to dignity.