HC stays transfer of HIV+ BSF constable, directs he be treated

The Delhi High Court has set aside the transfer order of a BSF constable, suffering from AIDS, so that he and his wife and child, who too are HIV positive, can undergo treatment here.
Sunil Kumar, a Constable in the Border Security Force (BSF), had come with his family to the national capital from Tripura to avail treatment for the disease but was being transferred to West Bengal by the force.
A bench of justices Kailash Gambhir and Najmi Waziri stayed the government's July 28, 2013 order, saying his treatment was at a crucial stage and his transfer, apart from creating serious logistical problems, could also "jeopardise their treatment and even threaten their lives".

The bench observed there was a stigma attached with such ailments and it was "incumbent" upon the government to not only "prevent instances of ostracisation of such patients, especially of children afflicted by the disease", but also to fund research for the better cure and provision of medical care to the largest number of citizens suffering from AIDS.
"The need is immediate," the bench said while issuing a notice to the Centre on Kumar's plea challenging his transfer orders.
Observing that the present case "is most compelling and unfortunate" as the constable, his wife and a minor child are afflicted with HIV positive, the court set aside Kumar's transfer orders and directed that his and his family's treatment shall continue in Delhi.

"On the eve of India's Independence Day, when the entire nation is in the mood of celebration of freedom, we are confronted with a case which spells gloom but hopefully not doom of a government servant who has served the nation in defending its borders as a constable in the Border Security Force," the court said in its order and listed the matter for further hearing on September 15.