Justice Without Mercy Is No Justice At All: Delhi HC Stays Transfer Of BSF Jawan Who Is Ailing From HIV

Justice Without Mercy Is No Justice At All: Delhi HC Stays Transfer Of BSF Jawan Who Is Ailing From HIV

Last week, the Hon’ble Delhi High Court has stayed the BSF Orders which directed HIV positive Jawan to join a Battalion in Assam, at the Indo-Bangladeshi border. 

The Hon’ble Court was dealing with a petition filed by a BSF Jawan who was diagnosed with HIV in 2007. On June 9, 2021, the petitioner received Orders in which he was posted to Assam. Owing to his Ailing condition, he opted for voluntary retirement and made an application for the same with effect from September 30, 2021. 

However, denying his request the BSF authority directed the petitioner to report at his new place of posting in Assam by July 5, 2021. 

The petitioner’s counsel argued that the petitioner belongs to the P-3 Medical category and cannot be posted to such places which have humidity levels of 75 % according to the Ministry of Home Affairs (MHA) guidelines. 

The Hon’ble Court expressing anger over the respondent’s move quoted that they must have adopted a compassionate way in dealing with the petitioner given his ailing condition. 

The Hon’ble Court further noted that the disease which the petitioner is suffering from gradually deteriorates his health and cannot be posted in such places in such conditions.

Chandra Lekha
Iam, J Chandralekha Devi, a final year student (BA.LLB) of Osmania University, Hyderabad. I identify myself as an environmentalist in the process of learning nature's intended ways. Studying Law made me aware of various laws on environment protection and to become one of the founding members of NEPAO(a youth based green NGO). Thus, my areas of interest include Environmental Law, Constitunal law and Human Rights. Besides, i like to write since writing helps one to develop thought processes. I hope my work gives insight on emerging issues to the student community at large and encourages them to develop creative writing skills.