Employment

The Constitution of India contain general prohibitions against discrimination in employment, but the precise circumstances in which such discrimination will be unlawful have not been clearly defined. As with other constitutional rights, perceived public health concerns could be relied upon to seek to justify discrimination against PLWHA in the workplace.

In India, the question of whether an employer can lawfully terminate the employment of a person with HIV was considered by the Bombay High Court in MX of Bombay, Indian Inhabitant vs. M/S ZY. An insurance company had terminated the workers services when it was found that he had HIV. The company argued that his medical condition had led to a problem in the workplace, because other workers had refused to work with him. Ruling in favor of the worker the court held where a worker has a contagious disease that could be transmitted by the normal activities of the work place, his or her employment could reasonably be terminated. However because the worker in this case was able to perform his normal job functions and did not pose any risk to fellow employees, it would be “arbitrary and unreasonable” to terminate his employment, and in breach of the equality clause in the Indian Constitution.