Till some years ago, Devi (32) (name changed) was like any other woman of her age.  Happily married, she was expecting her first child and had a secure job as a staff nurse in one of Bangalore’s most reputed hospitals.
Her life changed when she discovered that she was HIV positive during a routine ante-natal check up at the hospital, where she was working. She terminated her pregnancy on the advice of doctors, and it was not long before the management asked her to leave.

After three tiring months of persistent negotiations and intervention through a local NGO, she was reinstated — albeit in the stores where her infection would not pose a threat to others.

The impact of HIV is largely felt by individuals between 15-49 years, considered the sexually active and economically productive age group. Ironically, this is also the period in their lives when they are most productive and need to remain so in order to make a living. They also need dignity and a secure environment that does not stigmatise them. And, they need all this together. It is possible for them to work productively with treatment and a change in lifestyle.

In 2005, the ILO facilitated the development and launch of the Indian Employers’ Statement of Commitment on HIV/AIDS.  This was signed by seven national level employers organisations and chambers, including the All Indian Organisation of Employers, the Associated Chambers of Commerce and Industry of India, Confederation of Indian Industry, and Federation of Indian Chambers of Commerce and Industry among others.

Asha Ramiah, General Secretary, Karnataka Network of Positive People (KNP+), and herself a person living with HIV says, “People with HIV sometimes find it difficult to find or retain employment. Employers have two fears; one that the person would spread the infection, and the other that s/he would not be productive”. The reality however is that being HIV positive by itself is neither a death sentence nor one that merits isolation or banishment from society. When HIV is properly managed it need not affect productivity.

Some corporates insist that their attitude towards people who need any medical help is one of empathy and compassion, and that they do not look at HIV as differently from any other condition. Except of course, to ascertain that the person is fit to work!

Going by that, the industry is speaking the right language; but is that enough? Are there gaps? Are there any solutions? What does the law say? Denial of employment to an HIV infected person, merely on the ground of his HIV status, is arbitrary and infringes the requirement of Article 14 (Right to Equality) as well as Article 21 (Right to Life) of the Indian Constitution.

Apparently, there is evidence to show that HIV tests are being conducted without a person’s consent. This is against the law and counselling the person before the test is mandatory. There are no anti-discriminatory laws governing the private sector. It is only the public sector that can be taken to court for discriminating against HIV positives.

Further, in the event of the person being HIV positive, employers must assess each case individually and seek the opinion of a competent authority before determining whether or not a person is fit for employment. Given the fact that HIV does not spread through casual contact, aggressive promotion of awareness on the nature of the HIV infection becomes important in order to stem the levels of stigma that people with HIV are subjected to.

Notwithstanding the existence of policies and laws, attitudes are important if the environment has to change. Human resource is vital for the growth and progress of a country. If the growing numbers of HIV positive people are not absorbed into the workforce and given equal opportunities, the future may not augur well for them. This in turn will affect the country’s economy and its people adversely. Something employers, policy makers and even the general public must reflect on seriously.