HIV+ Pilot Challenges DGCA's 'Discriminatory' Flying Condition In Bombay HC
An HIV positive pilot challenged the DGCA's condition to fly only with an experienced pilot in Bombay High Court, calling it discriminatory. The court suggested filing a new petition to contest this.
A US-trained commercial pilot living with HIV has approached the Bombay High Court, challenging the Directorate General of Civil Aviation (DGCA)’s decision to allow him to fly as a commander only if accompanied by a more experienced pilot. The pilot described the condition as “discriminatory" and plans to file a fresh petition to challenge the restriction imposed solely due to his HIV status.
The pilot, who trained in Australia and cleared DGCA’s exams to become a commercial pilot, initially passed a medical fitness test in July 2021, which deemed him fit to serve as a pilot in command. However, in October 2021, after being diagnosed with HIV, he was declared “temporarily unfit for flying." In December 2021, DGCA issued a permanent disqualification, barring him from flying as a command pilot.
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Following an appeal in May 2022, the DGCA reversed its stance slightly, allowing him to fly only as a co-pilot (P2). Dissatisfied with this decision, the pilot traveled to the US, where he continued his training and career development. Upon his return, the DGCA reconsidered his case, ultimately certifying him fit to fly as a commander — but only under the condition that a more experienced pilot accompany him in the cockpit.
According to a TOI report, the DGCA submitted a written response to the court on December 18, 2024, stating that the pilot is undergoing anti-retroviral therapy (ART), which includes medications known to have several adverse side effects. The DGCA cited guidelines from the International Civil Aviation Organisation’s (ICAO) Manual of Civil Aviation Medicine, which highlights the potential risks of disease progression and unpredictable side effects from ART.
“Considering the repercussions of disease progress, unpredictable side effects of ART, and the need for frequent medical monitoring, an aeromedical disposition was made declaring him fit to fly as a pilot in command with a qualified experienced pilot," the DGCA stated, as reported by TOI.
DGCA’s advocate, Piyush Shah, defended the authority’s stance, telling the court that the pilot had applied for a medical certificate, and in response, the DGCA permitted him to fly as a commander – but only alongside a more experienced pilot for safety reasons.
The pilot’s advocates, Bhoomika Vyas and Sangram Chinappa, reportedly argued that the condition effectively makes the pilot unemployable. “If he is required to have a pilot with more flying hours alongside him, no airline would hire him," Vyas told the court. She pointed out that other pilots without HIV face no such restriction, making the DGCA’s condition discriminatory. “Similarly placed persons who do not have HIV face no such rider on their licence," Vyas added.
A division bench of Justices Girish Kulkarni and Advait Sethna, while hearing the matter, acknowledged the pilot’s grievance and indicated that the DGCA’s decision to reconsider his case and certify him as fit to fly would address the core complaint of discrimination. However, they advised the pilot to file a fresh petition if he intended to challenge the specific conditions attached to his certification.
“If the petitioner has any grievance of the subsequent developments and the fresh certification, it is for the petitioner to challenge the same as may be permitted in law," the bench stated.
The pilot now plans to challenge the DGCA’s decision through a fresh petition, seeking the removal of the condition requiring him to fly only with an experienced pilot. The case raises significant questions about medical fitness standards and potential discrimination faced by professionals living with HIV in aviation sector.
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