Supreme Court Awards ₹1.54 Crores to HIV-Positive Air Force Officer for Medical Negligence

In a groundbreaking verdict, the Supreme Court of India has awarded ₹1.54 crores in compensation to a former Indian Air Force (IAF) officer who contracted HIV due to medical negligence. The judgment, delivered on September 26, 2023, emphasizes the importance of upholding the dignity and honour of armed forces personnel and calls for effective implementation of the HIV and AIDS (Prevention and Control) Act, 2017.

The Supreme Court Bench, comprising Justices S. Ravindra Bhat and Dipankar Datta, underscored the duty of state functionaries, including the armed forces, to maintain the highest standards of safety, well-being, and medical fitness for personnel. The court expressed concern over the lack of dignity, honour, and compassion displayed in the appellant's treatment, stating that no amount of monetary compensation can fully restore the harm caused by such behaviour.

Justice S. Ravindra Bhat, while delivering the judgment, remarked, "People sign up to join the armed forces with considerable enthusiasm and a sense of patriotic duty... Any flagging from these standards...entails a loss of confidence in the personnel, undermines their morale, and injects a sense of bitterness and despair."

The appellant, an HIV-positive former IAF officer, had sought compensation for medical negligence that led to his condition. The court found the respondents, including the IAF and the Indian Army, vicariously liable for the negligence and jointly and severally liable to pay the compensation.

Justice Dipankar Datta explained, "The appellant is entitled to compensation, calculated at ₹1,54,73,000/- towards compensation on account of medical negligence of the respondents, who are held liable for the injury suffered by the appellant."

Furthermore, the judgment issued comprehensive directions to the Central and State Governments for the effective implementation of the HIV and AIDS (Prevention and Control) Act, 2017. These directions include providing diagnostic facilities, treatment, welfare schemes, property protection, information and education programs, and safe working environments for HIV-positive individuals.

The court emphasized the need for a compassionate and timely response to the medical needs of the appellant, who requires ongoing care due to his HIV-positive condition. It directed the respondents to extend full cooperation to the appellant for his future medical treatment and bimonthly medical check-ups.

The Supreme Court also acknowledged the valuable assistance provided by the amicus, Ms. Meenakshi Arora (Senior Advocate), and the persistence of the appellant in seeking justice. It awarded costs of ₹5,00,000/- to the appellant and an honorarium of ₹50,000/- to the amicus, Ms. Vanshaja Shukla, who compiled the paper-book.

This landmark judgment not only recognizes the rights and dignity of individuals living with HIV but also sends a powerful message about the responsibilities of state functionaries, especially in the context of the armed forces, to uphold the welfare and honor of their personnel.

Date of Decision: September 26, 2023

CPL ASHISH KUMAR CHAUHAN (RETD.) vs COMMANDING OFFICER & ORS.