A Long Road to Justice: Bombay High Court Intervenes for HIV+ Sweeper After 18 Years

Imagine nearly two decades of your life, toiling diligently, year after year, yet perpetually stuck in a temporary limbo. This was the stark reality for a dedicated sweeper working with the Maharashtra State Road Transport Corporation (MSRTC). For a staggering eighteen years, from 2005 right up until recently, he was denied the simple, fundamental dignity of a permanent job, all because he was living with HIV. It’s a story that truly underscores the persistent shadows of discrimination, even in our modern world.

You see, while he continued to perform his duties faithfully, extending his contract time and again, the MSRTC consistently refused to make his position permanent. Their justification? A 2002 policy, they claimed, that barred individuals with HIV from being regularized. It must have felt like a cruel, never-ending loop for him, knowing his work was valued, but his status was not.

But thankfully, this isn't where the story ends. After what must have felt like an eternity, his plea finally reached the compassionate ears of the Bombay High Court. Justices AS Gadkari and Sharmila Deshmukh took a long, hard look at the case, and what they saw was a clear violation of basic human rights.

In a powerful ruling, the division bench didn't just side with the sweeper; they delivered a resounding message against prejudice. They unequivocally stated that denying someone a permanent position based on their HIV status is a direct assault on Article 21 of the Constitution – the fundamental right to life and personal liberty, which, of course, encompasses the right to live with dignity.

And here's the kicker: while the MSRTC clung to its two-decade-old policy, the High Court pointed out that a much newer, crucial government circular from 2015 was in play. This circular mandates the regularization of services for employees who have completed ten years of continuous service. So, the old policy, in essence, couldn't stand against the evolving legal and humanitarian landscape.

The court's directive was clear and firm: the MSRTC must now regularize the sweeper's services, not from today, but retrospectively from the very date he completed his ten years of service, which would have been in 2015. On top of that, he is to receive all the accrued arrears, benefits, and the dignity that comes with a permanent position. All of this, to be implemented within a swift twelve weeks.

This ruling is more than just a legal victory for one individual; it's a profound statement. It serves as a vital reminder that discrimination, in any form, erodes the very fabric of society and that our judicial system stands as a crucial bulwark against such injustices. For this sweeper, after 18 long years, true justice has finally arrived, bringing with it the promise of a stable future and the restoration of his human dignity.