Discrimination aganist HIV +ve Kerala NGO sues NHRC and KSACS

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Dear All,

FIRM has filed a case before the Kerala High Court against the NHRC and the

KSACS in a case of discrimination against an HIV+ve, when the NHRC, relying on

a false report by the KSACS, acquitted a private hospital in Trivandrum, Kerala,

which showed discrimination towards an HIV+ve.

Pasted below is a news paper report in The New Indian Express, dated July 11,

2009, on the issuance of legal notice to NHRC and KSACS by the High Court of

Kerala on a petition filed by Foundation for Integrated Research in Mental

Health (FIRM) challenging the order of the NHRC, which had dismissed a complaint

filed by FIRM against discrimination towards an HIV+ve person by a private

hospital in May 2007.

The Court has issued notice to the parties.

J. Rajasekharan Nair

Secretary

Foundation for Integrated Research in Mental Health (FIRM)

Bhaskar Vilas, Bhaskar Lane

Pattom, Trivandrum- 695004

Kerala. India

+91-471-2530758,3266114

<firmindia@...>

________________________________

Express News Service. First Published : 11 Jul 2009 01:26:00 AM IST

KOCHI: The Kerala High Court on Friday ordered to issue notices to the National

Human Rights Commission(NHRC), the Kerala State Aids Control Society(KSACS) and

the State Government on a petition challenging a NHRC order dismissing a

HIV-infected person's petition that he was denied treatment at a private

hospital in Thiruvananthapuram.

The petition was filed by the Foundation for Integrated Research in Mental

Health on behalf of Ashok N Nair, who is HIV positive.

The petition alleged that Ashok was denied treatment at the Cosmopolitan

Hospital, Thiruvananthapuram.

Though Ashok was admitted to the hospital, he was discharged soon on being

revealed that he was HIV positive.

Subsequently, Ashok lodged a complaint with the NHRC. The KSACS and the hospital

authorities submitted before the Commission that they did not deny treatment or

show discrimination to the patient. They also stated that the hospital had

provided treatment to many HIV positive people.

" The petitioner was sent back as he was in need of a surgery for which the

hospital did not have the facilities, " they stated.

NHRC accepted the explanation by KSACS and the hospital authorities and had

dismissed Ashok's petition.

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Back ground of the issue

Mr. Ashok K. Nair is an HIV positive. On May 28, 2007 while Ashokan was pillion

riding a scooter, he met with an accident causing multiple fractures to his left

leg. He was rushed to Cosmopolitan Hospital where he was admitted at the

casualty.

The Doctor in charge, Mr. Mathew P. Varghese, said that he needed immediate

operation as there were three fractures in his leg. But on revealing his HIV

status the response turned inhuman.

The nurses who were attending Ashokan moved away from him. The Doctor, who till

then told an immediate operation was needed, told that the hospital was

discharging Ashokan since they did not have the facilities to do the operation.

He then referred Ashokan to the Trivandrum Medical College Hospital.

It was overtly clear that Ashokan was discharged after his HIV status was

revealed. The excuse the doctor at Cosmopolitan Hospital offered was not correct

as any hospital having trauma care unit ought to have such facilities, and

Cosmopolitan Hospital is one of the best equipped private hospitals in Kerala.

The issue was widely reported by the media. FIRM filed petition against this

act of discrimination at the National Human Rights Commission on the third day

of the accident.

FIRM took up the matter as part of Advocacy of SARVOJANA, a coalition of eight

partners that manages projects, funded by the EU and HIVOS, to reduce stigma and

discrimination among the community members.

The NHRC asked the KSACS to report on the matter. KSACS reported that there was

no discrimination against Ashokan by the private hospital.

The KSACS did not bother to record the statement of two key witnesses even after

they expressed their eagerness to adduce evidence.

The NHRC forwarded to FIRM a copy of the report for FIRM's comment.

FIRM requested the NHRC not to accept the report of KSACS, since the report was

factually wrong, and was aimed to insulate the private hospital from any adverse

comments from NHRC.

FIRM also sent, along with the report, signed statements by Ashokan, the victim

of discrimination, and key witnesses, making it amply clear that the KSACS had

made a grave human rights violation by attempting to save a hospital that denied

treatment to a critically serious person, solely because of his HIV status.

But strangely, the NHRC preferred to accept the report of KSACS, and dismissed

FIRM's petition.

FIRM found it a classic case where the NHRC itself was violating human rights

and behaving arbitrary.

FIRM moved the high Court, challenging the decision of the NHRC, and questioning

the report of KSACS.

The High Court issued notice to both NHRC and KSACS, besides the private

hospital.

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