A Collaboration with the University of Pittsburgh

Soldier challenges India army ban on HIV-positive personnel

[JURIST] An HIV-positive soldier has challenged his upcoming dismissal from the Indian Army, the Supreme Court [official website] announced Friday. A Human Rights Law Network [advocacy website] lawyer who is representing the soldier argued that the policy barring HIV-positive personnel from military service was "retrograde," pointing to a March 2008 ruling by the South African High Court that struck down a similar South African policy [PlusNews report]. He also noted that other nations, including the United States [US military policy text, PDF], already allow HIV-positive people to serve in their armed forces. IANS has more.

Other countries have also rejected policies banning all HIV-positive individuals from serving in the military. Last year, the Supreme Court of Mexico [official website] ruled [JURIST report] such a policy was an unconstitutional infringement on principles of equality. The Mexican military may now only expel soldiers if a doctor certifies that their condition prevents them from performing their duties.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.