19-point proposal by NACO/Government of India before the Supreme Court

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19-point proposal by the Centre before the Supreme Court

In the Supreme Court of India: Voluntary Health Association of Punjab v Union

of India and others

Before the Supreme Court of India, on 5 August 2008 the Government of India

issued a list of proposed commitments which were approved by the Supreme Court.

These commitments make provisions for people living with HIV/AIDS (PLHA) in

India to receive treatment, economic and other support as set out below.

The Human Rights Law Network, which has been representing the petitioners (the

Voluntary Health Association of Punjab), welcomes the move. The only thing we

find lacking is in relation to second line treatment, and we propose to take

this up in the next round of litigation. This was very disappointing. We also

have reservations in relation to the number of ART centres and CD4 count

machines this too we will take up in the next round of litigation.

A summary of the commitments made by the government:

1) Every category A and B district will have an ART centre.

2) 650 Link ART centres will be functional by 2010, and the National AIDS

Control Organisation (NACO) will ensure that every district with a critical mass

of people receiving ART will have Link ART centre.

3) Additional CD4 count machines will be installed and an improved maintenance

regime for existing machines will be implemented. Better transport systems to

take samples from centres which do not have a functional CD4 count machine to

those that do will also be put in place.

4) ART centres will be kept clean and hygienic; clean and safe drinking water,

seating and toilet facilities will be provided.

5) Every PLHA will be provided with an Antodaya Yojana (AAY) Card.

6) All PLHA will be provided with a job card and employment, in accordance with

the National Rural Employment Guarantee Act (NREGA) scheme.

7) State Governments will ensure that appropriate and adequate counselling will

be provided to PLHA in a private and confidential setting.

8) Drugs for treatment of opportunistic infections will be made available free

of cost, and without any difficulty, to all PLHA in need.

9) All people travelling to receive treatment at an ART centre will travel for

free to the nearest ART centre.

10) Second line treatment programme will be expanded.

11) HIV testing kits will be uniformly available.

12) A redressal mechanism for grievances arising out of treatment at ART centres

will be established, and names and contact details of all Regional Coordinators

will be made public and available to INP+. A committee shall be formed in each

State and meet once a quarter, comprising representatives from the government

and from the positive networks.

13) The NACO Helpline will be functional as soon as possible.

14) All public hospitals, primary health centres, community health centres etc.

shall be required to have post-exposure prophylaxis drugs and material available

to all doctors, nurses and hospital staff.

15) All doctors and nurses in both the public and private healthcare sectors

will be required to immediately familiarise themselves and comply with all NACO

policies and protocols. The Medical, Dental and Nursing Councils of India will

be required to disseminate such information on their websites, and the Medical

and Nursing Councils of India shall be required to ensure the protocols are part

of their teaching and reading materials.

16) All doctors, nurses and hospital staff, in both the public and private

sector, shall be required to treat PLHA professionally, humanely and with

dignity and care. No doctor or nurse will be able to refuse treatment on the

basis of someon's HIV status, and there shall be no stigma or discrimination in

treating PLHA.

17) Doctors in the private sector will be directed to make themselves familiar

with the care and treatment protocols available on NACO's website. Private

practitioners should use these treatment regimens in the first instance.

18) NACO will file a status report with the Supreme Court every three months.

19) All State Governments and the Medical, Dental and Nursing Councils of India

will be directed to file compliance reports within six weeks.

Having made these proposed commitments, and them having been approved by the

Supreme Court, the Government will now consult further with governmental

agencies, and prepare a Circular, detailing the implementation of these

proposals.

It is expected that this Circular will also be approved by the Supreme Court and

an Order duly made.

Please contact the HIV/AIDS and the Law Initiative of the Human Rights Law

Network (hri.delhi@...) for any further queries or comments.

Laya Medhini

Senior Advisor - HIV/AIDS and the Law Initiative

Human Rights Law Network

www.hrln.org

e-mail: <laya.medhini@...>