Observing that keeping a person suffering from Hepatitis B out of civil/public employment is contrary to the ethos of the times and militates against the collective conscience of the civilised world, the Kerala High Court has suggested that the Union government come out with protocols in this regard.
The court observed that Hepatitis B is a “communicable disease through blood and body fluids,” it is clear that it will not spread, except in that manner; and not by touch, saliva, sharing of food or so on. This is why, even in the case of HIV-infected persons, the internationally adopted protocols prohibit discrimination solely because a person is infected. Hence, one fails to fathom how The Fertilisers and Chemicals Travancored Ltd. (FACT) can take a contrary stand.
Justice Devan Ramachandran made the observation while directing the FACT to subject the petitioner who was refused appointment to a further medical examination and consider the petitioner for appointment to the post of Assistant (General) based on the opinion of the medical board.
Medical board flayed
The court also criticised the report of the medical board that examined the petitioner. The Judge wondered how the board could declare a person to be unfit solely because he is suffering from Hepatitis B. This is exacerbated by the fact that the report contains precious little about the health condition of the petitioner. It did not point out whether the petitioner’s condition was such that it would make him ineligible or incapable of being entrusted with the tasks associated with the post to which he has applied.
Centre’s policy
Deputy Solicitor General of India S. Manu submitted that the Union government has made it limpid and beyond doubt that no person can be denied civil/public employment, solely because he/she is suffering from blood-borne diseases such as Hepatitis B or HIV. He added that though Government of India has a policy with respect to HIV-infected persons, no such policy has been evolved for persons suffering from Hepatitis B, since it is generally not even acceptable that such persons can be kept away from employment. The physical condition of a person, on account of the infection, certainly would be a criterion to be kept in mind by the Public Sector Undertaking.
