Supreme Court orders IAF, Army to pay ₹1.54 crore to veteran who contracted HIV through blood transfusion

Supreme Court orders IAF, Army to pay ₹1.54 crore to veteran who contracted HIV through blood transfusion
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The Supreme Court has held the Indian Air Force and the Army liable to pay ₹1.54 crore in compensation to an Air veteran who was infected with the HIV virus through a blood transfusion done at a field hospital while on deployment at the border during ‘Operation Parakram’ in 2001. The court criticized the lack of compassion and dignity shown by the employer towards the appellant (veteran) and stated that the employer’s behavior repeatedly displayed disdain, discrimination, and even a hint of stigma attached to the appellant. The court noted that the appellant had received the ‘biggest jolt’ of his life in 2014 when he was informed about his infection. It further highlighted how the appellant was stonewalled in his efforts to secure documents and information and how he was not involved in the Commission of Inquiry into his case. The employer also failed to help the appellant find alternative employment after his premature retirement. The appellant had claimed ₹95.03 crore in damages. The court stated that the Indian Air Force could have proactively ensured that the appellant was provided with some alternative employment within its organization or as part of the armed forces’ rehabilitation programs for veterans and ex-servicemen. The court reminded the Armed Forces that the parliament had enacted the HIV Act to impose obligations on authorities to mitigate the hardships and barriers faced by HIV or AIDS affected persons. The court observed that people who join the armed forces put their lives on the line and emphasized the corresponding duty of the state functionaries, including echelons of power within the armed forces, to maintain the highest standards of safety and well-being for their personnel.

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TIS Staff

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