An HIV-positive pilot who cleared India’s medical and technical bar to fly commercially is still being kept on a short leash—permitted to fly, yes, but only if a seasoned co-pilot is by his side. That’s the fine print of a “fit to fly” certificate issued by India’s aviation regulator, the DGCA, which recently laid out its conditions before the Bombay High Court.
Not satisfied with being second-guessed midair, the pilot withdrew his current legal challenge to the policy—choosing instead to regroup and return with a fresh petition targeting the DGCA’s restrictions.
The courtroom moment came and went without fireworks. A Bench of Justices GS Kulkarni and Advait M Sethna noted that if the petitioner had new grievances, he was welcome to challenge them “as may be permissible in law”—a polite legal green light to come back swinging.
The saga began in late 2020. Then based in the United States and aiming for a commercial pilot’s seat in India, the petitioner began prepping for the DGCA’s grueling certification exams. By October 2021, he had three key subjects under his belt. But what should have been a routine medical checkup at Nanavati Hospital turned his world sideways.
Diagnosed with HIV on October 14, 2021, he was swiftly branded “Temporarily Unfit for Flying.” Weeks later, the DGCA locked in its stance: “Unfit for Class 1 Initial Medical Assessment.” The reason? His HIV status.
Digging deeper, the petitioner filed an RTI. What emerged was a glaring gap: DGCA had protocols for existing pilots diagnosed with HIV, but nothing for fresh applicants. That silence spoke volumes.
Refusing to accept a bureaucratic shrug, the pilot pushed back. By May 2022, after re-examination, he was granted conditional clearance—as a co-pilot only (P2), not as a full-fledged captain.
That didn’t sit right.
He took his fight to the Bombay High Court, calling the move discriminatory and contrary to constitutional guarantees. His petition spotlighted a curious absence: Civil Aviation Regulations made no mention of HIV as a disqualifier for commanding a cockpit.
Pointing abroad, he cited global precedents. The ICAO’s own aviation medicine manual leaves room for HIV+ individuals to fly after rigorous checks. And in March 2023, the FAA in the United States issued him a clean bill—a First Class Medical Certificate.
Still, in India, progress was grudging. Even after passing another DGCA medical exam, his certification came with a new clause: he could be Pilot in Command—only if accompanied by a “qualified, experienced pilot.”
The DGCA defended this restriction, pointing to the unpredictable nature of HIV, the possible side effects of antiretroviral therapy, and the challenge of constant monitoring. Their stance: better safe than sorry.
But for the pilot, the message was clear—he was being micromanaged from the ground. He argued the DGCA’s ruling not only stigmatized his condition but also clipped his career before it could take flight.
Faced with a ruling that left little wiggle room, he chose strategy over defeat—pulling his current petition to ready a stronger legal salvo against a system still figuring out how to handle invisible diagnoses in high places.
