Court: follow fiat, don't deny treatment to AIDS patients

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Court: follow fiat, don't deny treatment to AIDS patients

NEW DELHI: The Supreme Court on Wednesday approved the Centre’s direction to

all States that doctors in government and private hospitals should not refuse

treatment to People Living with HIV/AIDS (PLHA).

All States should implement the Centre's instructions forthwith, said a Bench

consisting of Chief Justice K.G. Balakrishnan, Justice Ashok Bhan, who has since

retired, and Justice P. Sathasivam.

Earlier, Additional Solicitor-General Gopal Subramaniam informed the court of

the instructions issued on August 26. The Bench was hearing petitions filed by

Sahara House and others.

The Centre's fiat said: All doctors, nurses and hospital staff, whether in the

public or private sector, shall treat PHLA in a professional manner, treating

them always with dignity and care. No doctor or nurse shall refuse to treat PLHA

on account of their positive status. In treating PLA, there shall be no

discrimination of stigma whatsoever.

It said: Doctors in the private sector, in particular, are directed to

immediately familiarise themselves with the National AIDS Control Organisation's

(NACO) comprehensive protocols and policies with regard to care and treatment.

NACO-approved Anti Retroviral Treatment (ART) regimen has proven to be

cost-effective, safe and PLHA have shown good response to this regimen.

Cases of denial of services to positive patients should be viewed seriously and

action initiated.

All States must ensure that all A and B category districts have at least one

fully functional ART centre. NACO and all State governments are directed to

immediately create a mechanism for redress of grievances of ART centres.

The government said: Strict action must be taken on all irrational prescriptions

of ART. All advertisements offering potential cure for HIV must be banned and

such organisations should be dealt with strictly, as there no proven cure

available for HIV/AIDS so far.

Even as Mr. Subramaniam was explaining the steps taken by the Centre to deal

with the problem, Justice Bhan said: In rural India, there is no doctor

available. Even in a 50-bed hospital not a single doctor is present.. It is only

on paper.

When Mr. Subramaniam said primary health centres were working well in rural

areas in Andhra Pradesh, Karnataka, Kerala and Tamil Nadu, the judge said: Go to

any government hospital in Delhi. Go to Bihar and U.P. and check the position.

All States, the Medical Council of India, the Dental Council and the Nursing

Council were asked to file compliance reports in six months.

http://www.hindu.com/2008/10/02/stories/2008100261591300.htm