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Supreme Court of India 2017-05-05 allowed

Naz Foundation (India) Trust vs Union of India and others

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

This writ petition challenged discrimination against children living with or affected by HIV/AIDS in educational institutions. The petitioner sought declarations that no child should be denied admission, suspended, or expelled solely on the basis of HIV status, and that such children should be notified as a disadvantaged group under the Right of Children to Free and Compulsory Education Act, 2009. The Supreme Court held that all children affected by HIV must be notified as disadvantaged under Section 2(d) of the RTE Act and directed State Governments and Union Territories to issue such notifications within specified timeframes. The petition was allowed, ensuring equal educational access and integration of HIV-affected children in regular schools without segregation or discrimination.

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Education HIV/AIDS Discrimination Children's Rights Right to Free and Compulsory Education Constitutional Law

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