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.
