High Court orders MSRTC to rehire HIV+ driver

After a long struggle with unemployment and lack of means 42yearold Ramesh Bhamre name changed has reason to smile again Bhamre was axed from his job as a bus driver with MSRTC after he was declared HIVpositive last year Bombay High Court has ordered the transport body to reinstate Bhamre within a week and has stated that a further hearing will decide the compensation he is entitled to Fightingu00a0it out As Ramesh Bhamre name changed is from a poor family his son was forced to quit studies and start working as a watchman Even Bhamrersquos wife seen here with her husband ended up doing menial jobs File Pic It is well documented that many HIVpositive people suffer discrimination at work place and in social settings ldquoMy belief in the judicial system has become stronger with this judgmentrdquo an elated Bhamre said Incidentally MiD DAY had reported his plight on June 7 last year lsquoMSRTC sacks HIV driverrsquo which moved sociolegal activist Asim Sarode who helped Bhamre file a case This newspaperrsquos account talked about how despite orders from the transport minister the driver was not rehabilitated Ray of hope MiD DAY report on June 7 The state transport ministry MSRTC Pune division office of the transport corporation and a superintendent at Sassoon hospital were the respondents in the case ldquoDuring the arguments in court we presented the cuttings of MiD DAYrsquos coverage In the petition we argued against discrimination unfair treatment and depriving opportunity on the basis of HIV as a violation of constitutional rights We are happy that the driver finally got justice and he will join the service soonrdquo Sarode said The order passed by Bombay High Court justices Abhay Oak and Revati MohiteDhere stated that lsquoremoving any person from a job on the basis of the fact that he is living with HIV and AIDS amounts to infringement of right to livelihood of that personrsquo Narrating his ordeal Bhamre said ldquoI have suffered a lot and even contemplated committing suicide due to depressionrdquo He said that some of his seniors misrepresented him amongst his colleagues who stopped talking and even sharing food with him Bhamre who was detected with HIV in 2008 underwent tests at Sassoon hospital and the report suggested that he avoid doing heavyduty jobs However after 11 years of service with the transport authority Bhamre was declared unfit for the job on grounds of his health He was later handed the post of a peon but was asked to go five days later As Bhamre is from an underprivileged background his son was forced to quit studies and start working as a watchman Even Bhamrersquos wife ended up doing menial jobs to sustain the familyrsquos needs However with the latest order from the high court Bhamre feels optimistic about a secure future for him and his family ldquoApart from the job we are going to demand compensation too He has not been working since 2011 and his family is going through tremendous economic problems We think he should be given at least Rs 330 lakh as recompense based on his salary at the time of his dismissalrdquo Sarode addedu00a0 No country for HIV people At workplaces in India there is no law protecting people living with HIV and AIDS In order to fight against discrimination in the society the first HIVAIDS bill was submitted to the central government in 2001 which specified rights of those afflicted with this condition Since then many amendments have been made to the bill but it still remains to be passed in parliament One of the provisions in the bill talks about imprisonment up to seven years and a fine of Rs 1 lakh in cases of discrimination by a person or an organisation Many NGOs and social activists have been campaigning for the issue by staging protests and sending letters but to no avail In this case the Bombay HCrsquos decision is based on fundamental right to livelihood and marks an important victory for several others whose cases are languishing in various courts across the country