New Delhi: The Supreme Court on Friday asked states to consider including children living with or affected by HIV as belonging to the disadvantaged group under the Right to Education Act.

A bench comprising chief justice J.S. Khehar and justice D.Y. Chandrachud directed that states that do not issue a notification to the effect must file an affidavit before the court explaining why their governments do not deem it necessary to include children living with or affected by HIV as belonging to the disadvantaged group.

The issue came up before the court in a 2014 public interest litigation filed by non-profit Naz Foundation. The petitioner had sought framing of policy guidelines to prevent discrimination against HIV-positive individuals.

So far 11 states and one Union territory have issued a notification to guarantee additional rights to ensure compulsory education to children affected by HIV

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