The Gujarat High Court has directed that the identity of a petitioner alleging unlawful disclosure of his HIV-positive status and sexual orientation by police authorities be masked from all public records, invoking the confidentiality protections under Section 34 of the HIV and AIDS (Prevention and Control) Act, 2017.
Justice Nirzar S. Desai passed the order while issuing notice on the writ petition and directed the Registry to substitute the petitioner’s name with “XYZ” in the cause title as well as in all future proceedings available on public platforms. The matter has been made returnable on August 6, 2026. The Court also permitted the petitioner to amend the cause title by deleting one of the respondents.
In the petition, the HIV-positive petitioner alleges that after his arrest in November 2025, police officials disclosed his HIV status, sexual orientation, name and photographs to the media, resulting in widespread publication of sensitive personal information. He claims the disclosure triggered severe social stigma, loss of livelihood, and ultimately forced the closure of the school he had founded. He further alleges that education authorities prevented him from entering the school premises and that HIV testing of students was carried out following the media reports, although none of the children tested positive.
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The petition contends that the alleged disclosure violates the confidentiality mandate under the HIV and AIDS (Prevention and Control) Act, 2017, as well as the petitioner’s fundamental rights under Articles 14, 19(1)(g) and 21 of the Constitution. It seeks, among other reliefs, compensation for the alleged breach of privacy and a declaration that the actions of the authorities were unconstitutional.
Recognising that the proceedings arise under the 2017 Act, the High Court ordered that the petitioner’s identity shall not be reflected either in the cause title or in any proceedings available on public platforms, thereby extending the statutory confidentiality protections pending adjudication of the case.
