In what may be quite a
progressive decision by the Supreme Court, a soldier suffering from AIDS and
Meningitis has been granted disability pension by the Supreme Court, which was
earlier refused by the Army and then also the Armed Forces Tribunal.
HIV+ population continues to
suffer stigma in our nation and the military population declared HIV+ faces
another major issue, and that is the fact that such soldiers can be discharged
from service on medical grounds- at times without pension in case the condition
is declared “neither attributable to, nor aggravated by military service”.
Though a harmonious
interpretation of the rules would show that the condition needs to be declared attributable to service if the cause is
unknown and can only be declared “not related to service” in case the reason is
directly discernable such as contact with a commercial sex worker, more often
than not, medical boards declare it ‘not
related to service’ even if the reason remains unknown. Of course, it is
well understood that there are plenty of ways how the virus can spread, and the
individual may not even be at fault for his condition, but the stigma till date
in our nation is such that personnel affected by the virus are left to fend for
their own.
This decision is not just in
line with the global effort to make AIDS less stigmatic but also protects the
life and liberty of the individual by providing him and his family a means of a
dignified life through disability pension and also ensuring medical treatment via
the military medical establishment which is only permissible to pensioners as
far as in-patient treatment is concerned.