The Delhi High Court’s judgment is more than a legal order; it is a humane affirmation that the fight against poverty is inseparable from the fight against discrimination and exclusion. It attempts to shift the narrative around HIV/AIDS from shame and neglect to rights and dignity, by mandating free food, medical care, and ensuring the implementation of statutory protections.
Poverty is not merely the absence of money; it is the absence of security, dignity, and the pathways that enable a person to live with hope. Nowhere is this deprivation more visible than in the lives of those rendered socially invisible. They are pushed to the margins not because of any wrongdoing but because of an illness that society fears, misunderstands, and stigmatizes. Among such vulnerable groups, individuals living with HIV/AIDS face the double burden of poverty and discrimination, often facing abandonment by their families, employers, and caregivers. In this context, the Delhi High Court’s judgment in Girish v. Union of India stands out as a compelling reaffirmation of the State’s duty to protect the fundamental rights of the most marginalized citizens.
This Public Interest Litigation was brought by petitioners who were themselves homeless and living with HIV/AIDS. Their plea was simple yet profound. They sought shelter, food, medical aid, and dignity. What makes this case important is that the petitioners did not approach the Court merely as victims of poverty, but as citizens asserting their constitutional rights and faith in the law as a shield against abandonment and neglect.
The Court’s Central Ruling: Ensuring Governmental Compliance and Social Protection
The Delhi High Court examined not only the grievances of the petitioners but also the steps taken by the Government of NCT of Delhi (GNCTD) to support HIV-positive persons[1]. After reviewing the initiatives already in place, including the establishment of Anti-Retroviral Therapy (ART) centres, financial assistance schemes, and travel concessions, the Court directed that the government must ensure strict and effective compliance with the statutory safeguards under the HIV/AIDS (Prevention and Control) Act, 2017.
Most importantly, the Court mandated that the government must provide free food and comprehensive medical treatment to HIV-positive persons who are below the poverty line. This single direction is not merely administrative; it is transformative. Food and medicine are foundational pillars of survival. By explicitly acknowledging the State’s obligation toward the poorest among HIV patients, the Court translated constitutional guarantees into tangible, lived protection.
Linking the Judgment to Poverty Alleviation
To understand why this judgment is a milestone in the fight against poverty, we must recognize how poverty operates for an HIV-positive patient. It is not only about financial deprivation but also about structural social exclusion. Many HIV-positive individuals lose their jobs due to stigma. Families reject them out of fear and misinformation. Without income, shelter, or food, existence itself becomes precarious and uncertain.
1. Economic Security Through Direct Financial Assistance
The State’s financial assistance scheme supporting over 5,700 beneficiaries ensures a stable monthly income for HIV-positive citizens and orphaned children affected by the disease. In poverty studies, predictable income is a make-or-break factor. It prevents individuals from falling into hunger traps and allows them to maintain a minimum standard of living. It also reduces dependency on exploitative forms of informal labour.
2. Access to Healthcare as a Right, Not a Luxury
ART treatments, free diagnostic services, and dedicated support systems like the VIHAAN community centres allow HIV patients to continue treatment without interruption. Healthcare costs are often the biggest trigger pushing families below the poverty line. When treatments become free, the cycle of medical impoverishment breaks. A healthier person is more employable, more confident, and less burdensome on the family and the State.
3. Breaking the Stigma through Restoring Social Capital
Laws alone cannot eliminate discrimination. But by mandating nationwide implementation of the HIV/AIDS Act, 2017, nationwide, the Court reinforces a legal environment where disclosure of HIV status cannot be weaponized against individuals. As stigma decreases, employment rates increase, and social participation improves. Poverty alleviation is incomplete without restoring dignity, and this judgment directly contributes to that restoration.
Judicial Shift from Charity to Rights
What is remarkable about the Court’s approach is that it does not treat HIV-positive persons as objects of sympathy. Instead, the Court insists that they are rights-bearers, and the State has a binding legal and moral obligation to uphold those rights. Poverty alleviation is most effective when it is rights-based, not charity-driven. A rights-based model ensures accountability, scalability, and sustainability. The Court’s recognition of the State’s responsibility sets a precedent that poverty is not a natural condition; it is a condition that governance must actively address.
Imagine a person diagnosed with HIV, suddenly stripped of family support, unable to work due to persistent illness, and forced to beg for medicines that cost more than a month’s earnings. For such an individual, access to free treatment and a small assured income is not merely welfare; it is hope. The Delhi High Court, through this judgment, transforms legal language into lifelines.
Conclusion
The Delhi High Court’s judgment is more than a legal order; it is a humane affirmation that the fight against poverty is inseparable from the fight against discrimination and exclusion. By mandating free food, medical care, and ensuring implementation of statutory protections, the Court bridges the gap between constitutional ideals and real-world survival. In a country where millions still struggle with the dual burdens of illness and poverty, this ruling serves as a beacon. It shifts the narrative around HIV/AIDS from shame and neglect to rights and dignity. In doing so, it reminds us that a society is only as strong as its compassion and that law, when infused with humanity, can become a powerful agent of poverty alleviation.
Utkarsh Singh is a TRIP intern.
Mentored and edited by Sneha Yadav.
About the author
Utkarsh Singh , 3rd Year Student at Maharashtra National Law University, Nagpur. He is currently a TRIP intern.
Sneha Yadav is an electronics engineer with a postgraduate degree in political science. Her interests span contemporary social, economic, administrative, and political issues in India. She has worked with CSDS-Lokniti and has been previously associated with The Pioneer and ThePrint.
