Supreme Court Notice: Denial of ART by JJ Hospital for Non Maharashtrians

[Guest guest]

Supreme Court Notice: Denial of ART by JJ Hospital for Non Maharashtrians

The Supreme Court issued notice on 18 September 2008 in an application filed on

behalf of an HIV positive person (known as ABC) from Bihar.  ABC is in need of

second line treatment, but was refused the necessary treatment at JJB Hospital

in Mumbai, on the ground that he was not a resident of Maharashtra.

The application was filed as part of the ongoing public interest litigation

brought by the Voluntary Health Association of Punjab and currently running in

the Supreme Court.

ABC was advised by his doctors in Bihar in December 2007 that he needed second

line treatment, having developed a resistance to first line treatment. No public

hospital in Bihar stocks second line drugs or makes them freely available.  ABC

therefore travelled to JJB Hospital in Mumbai, where he knew there was a second

line ARV treatment programme.

The doctors at JJB Hospital refused, however, to provide ABC with the required

drugs, citing the fact that he was not a resident of Maharashtra.

The application filed in the Supreme Court on ABC's behalf cites Article 21 of

the Indian Constitution, which protects every person's right to life, as placing

an obligation on the Government to ensure the availability of ARV drugs free of

charge to people who require them, regardless of whether they are first or

second line drugs and regardless of where the person in need lives.

The Supreme Court issued notice to the Union of India and NACO and next listed

the application on 29 September 2008.

 

Human Rights Law Network

HIV/AIDS and the Law Initiative

576 Masjid Road, Jangpura, New Delhi, 110014

001-2437-4501 (ext 209 or 246)

hri.delhi@...

[Guest guest]

Dear AIDS INDIA E-forum members,

Re: /message/9411

This is totally rediculous and the complete violiation of individual

rights to access to treatment regardless of sex, creed,caste and

religion. No matter what Mr.ABC belongs he should be granted access to

treatment as guranteed by the Indian counstitution.

In this scenario I would like to draw the attention of both the Indian

government and NACO the immediate needs of second line ARV in the rest

of the country also rather than providing at some particular

states/cities.

Best Regards

Ishwarchandra Haobam

E-MAIL: <brusall@...>

[Guest guest]

Dear Forum members

 

Re: /message/9411

National AIDS Control Programme is providing Antiretroviral Treatment to all HIV

positives, who are clinically eligible and approach the public health facilities

i.e. ART Centres. The treatment is provided to all individuals regardless of

sex, creed, cast and religion or the state boundaries.

 

The second line ART was started in January 2008 at two centres( JJ, Mumbai &

GHTM, Tambaram) on a ‘pilot basis’. These two centres were selected on the

basis of availability of trained manpower with good record of treatment of

patients with first line drugs.

In order to ensure the complete adherence to the treatment in the pilot phase,

it was decided that only those patients who are registered at these centres for

at least six months and are failing on the first line treatment would be

selected for the second line treatment in the first instance.

 

As a part of expansion, another three ART centres in Mumbai were linked to JJ

hospital followed by linking patients from Nagpur, Sangli and Pune ART centres

to JJ Hospital for second line treatment.

Similarly all ART centres in Chennai, Madurai, Namakkal and Salem were linked to

GHTM, Tambaram in a phased manner. In further expansion, all ART centres in

Maharashtra are being linked to JJ Hospital and all ART centres in Tamil Nadu

are being linked to GHTM Tambaram.

Another 8 centres of excellence are being established in Delhi, Kolkata,

Chandigarh, Imphal, Hyderabad, Varanasi, Bangalore & Ahmadabad, which will

provide second line treatment to their patients and similarly in a phased

manner, all ART centres would be linked to these 10 Centres of Excellence.

 

The second line ART is not just to provide ARV drugs through ART centres, but it

is a complete process of proper evaluation of patients for treatment failure,

necessary investigation like viral load, preparedness counselling and 100%

adherence to the treatment, as there is no third line treatment available as on

date.

So the roll out of second line ART is being drawn in a very controlled and

strictly monitored manner.

 

I think this clarifies many of the issues raised with regard to provisions of

second line ART and also that there are no issues that Antiretroviral Treatment

facility is provided only to people of Maharashtra or Tamil Nadu.

 

Thanks

Dr B.B.Rewari

MD,FICP,FIACM,FIMSA,FGSI

Sr.Physician,Dr RML Hospital &

National Programme Officer (ART)

National AIDS Control Organistion,

6th Floor, Chandralok Building,

36, Janpath, New Delhi-110001

E-MAIL: drbbrewari@...