“AIDS” is the product of indisciplined sexual impulse. This impulse, being the notorious human failing if not disciplined, can afflict and overtake anyone how high soever or, for that matter, how low he may be in the social strata. The patients suffering from the dreadful disease “AIDS” deserve full sympathy. They are entitled to all respects as human beings. Their society cannot, and should not be avoided, which otherwise, would have bad psychological impact upon them.
They have to have their avocation. Government jobs or service cannot be denied to them as has been laid down in some American decisions. (See:School Board of Nassau Country, Florida v. Airline (1987) 107 S.Ct. 1123; Chalk v. USDC CD of Cal. (9th Circuit 1988) 840 2 F. 2d 701; Shuttleworth v. Broward Cty., (SDA Fla. 1986) 639 F. Supp. 654; Raytheon v. Fair Employment and Housing Commission, Estate of Chadbourne (1989) 261 Cal. Reporter 197). But, “sex” with them or possibility thereof has to be avoided as otherwise they would infect and communicate the dreadful disease to others. The Court cannot assist that person to achieve that object.
REF: AIR 1999 SC 495 : (1998) 1 Suppl. SCR 723 : (1998) 8 SCC 296 : JT 1998 (7) SC 626 : (1998) 6 SCALE 230
Categories: Judicial Dictionary