An Application under the Right To Information Act concerning Right to Health

[Guest guest]

Dear FORUM,

Recently, an application under the Right to Information Act 2005 was

sought by me seeking information (Questions and answers as mentioned

is posted seperatly) from NACO concerning the interpretation by the

Indian Supreme Court to include the Right to Health to guarantee

citizen's Right to Life.

The answers itself reflects NACO's structural unequal policy and lack

of professionalism which is resulting the wastage of public funds.

Even policy makers do not bother to obey Indian Supreme Court's

interpretation for the protection of citizen's rights and to some

extent violation of RTI Act in a diplomatic way !

To

The Public Information Officer,

National AIDS Control Organization,

Ministry of Health and Family Welfare,

Government of India,

9th floor, Chandralok Building,

36, Janpath, New Delhi-110001

Subject: An Application under the Right To Information Act to seek

information concerning the interpretation by the Indian Supreme

Court to include the Right to Health to guarantee the Right to Life.

Name of Applicant: Snehansu Bhaduri (Living with HIV, on 2nd line ART

Since 2005, proof attached with this application)

Particulars of Information required:

i) Subject matter of information: Roll out of 2nd line ART by NACO in

India.

ii) The period to which the information relates: December 2007 to

February 2008

iii) Description:

I'm an HIV infected person entitled to free 2nd line Anti Retro-viral

treatment from NACO run ART centers. Under my statutory rights

provided by Right to Information Act, 2005, I seek information in

form of answers to the questions given below. These information is

sought within 48 hrs from receiving this application under the

section 7 (1) of the Right to Information Act as the information

involves issues pertaining to life saving treatments that prevents

aggravation of HIV positive person's health, therefore, concerning

the undersigned's right to life . Currently I am on 2nd line ART

supported by some private sector body, without any future treatment

guarantee. Also this situation is very common within a considerable

fraction of the society and thereby this involves the very critical

issue of life and death.

1) What is the combination of second line drugs and from

which pharmaceutical company (Including Trade Name) provided by NACO

and at what cost does NACO procure it?

Answer by NACO: The combination of 2nd line drugs under National

programme is Tenofovir + Lamivudine + Zidovudine +

Lopinavir/Ritonavir. The drugs are not purchased by NACO and are

being supplied by Clinton Foundation.

2) What is the latest number of patients that are

provided 2nd line ART from the two NACO designated Centers J.J.

Hospital, Mumbai and GHTM Tambaram ART Centers?

Ans: Presently 21 patients are receiving 2nd line ART from J.J.

Hospital, Mumbai and GHTM, Tamabaram.

3) What was the drug procurement policy for the 1st

phase roll out of 2nd line ART (apparently started in January 2008)?

Was any criteria followed in the disbursement of the same?

Ans: NACO is not procuring second line drugs presently and these

drugs are being provided by Clinton Foundation.

4) What is the present data of people with HIV requiring

2nd line ART? Does NACO have the record of all the patients who

developed treatment failure in their ART centers? What is the head

count?

Ans: It is estimated that nearly 3% of patients(1,01,000) on ART

treatment will rwquire second line drugs at present. No records of

treatment failure are available at present.

5) When is the 2nd phase of 2nd line roll out intended

to be started and from which ART Centers? What are the criteria of

choosing those ART centers?

Ans: The second phase of second line roll out is proposed to be

started in July 2008. However, the exact roll out will only start

based on experience gained from the first phase. New centers shall be

the ART centers with good infrastructure, trained manpower and high

adherence to first line drugs.

6) What is NACO's strategy for the provision of 2nd line

for people like me, who started 2nd line before or during the initial

stages of the roll out of 1st line by NACO to ensure concerning the

interpretation by the Indian Supreme Court to include the Right to

Health to guarantee the Right to Life of any India Citizen?

Ans: The 2nd line ART shall be provided to patients who are already

enrolled at NACO ART centers for last six months and have proven good

adherence record for first line drugs.

7) Does NACO developed operational guidelines for roll

out of second line ART? Was it developed in consultation with civil

society organization, positive networks and other bilateral and

multilateral agencies? If there are minutes of this consultation

kindly share the list of participants and a copy of this guideline?

Ans: The operational guideline for second line rollout were drafted

by technical resource group on ART consisting of ART experts from

public and private sector, NGOs, INP+, WHO, CDC and Clinton

Foundation. The guidelines are under pilot test at 2 sites and shall

be finalized based on experienced gained.

8) How has NACO involved HIV positive people in phased

roll out of second-line treatment policy and ensured the commitment

towards Greater Involvement of People with AIDS policy as declared in

Paris AIDS Convention in 1984, to which India is a signatory?

Ans: In all consultations related to ART including second line, INP+

is a permanent invite and participated in draft of second line

guidelines.

9) Who represents PLHA communities in the National

HIV/AIDS Policy Making body? Who are the other representatives from

civil society organizations, NGOs, INGOs, and bilateral and

multilateral agensies?

Ans: The National AIDS Control Board which is APEX an HIV/AIDS Policy

Making Body has PLHA representation from INP+ and Voluntary Health

Association of India from NGO sector.

10) What are present constraints for NACO to deliver Universal

Access to Treatment for living with HIV from each district hospitals

throughout India? Dose NACO trying to explore alternate avenues to

overcome these constraints and how?

Ans: NACO is presently rolling out ART in a phased manner throughout

the country depending on relevance in the area and geographical

consideration. In addition to 250 ART centers it is planed to

operationlize 650 link ART centers also to make ART services

available nearer to patient residence.

Thanking you,

In solidarity,

Snehansu Bhaduri

Advocacy Associate

AHF India Cares.

New Delhi, India.

Phone: 9211957730(mobile)

E-mail: snehansu.bhaduri@...