Judges tell government to give 2nd line to those who need it

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Judges tell government to give 2nd line to those who need it

In memory of the six who died.

In a judgment of huge significance to the HIV community in Maharashtra and

elsewhere, a judge at the Bombay High Court has instructed NACO, the National

AIDS Control Organisation, to provide free treatment to all people in

Maharashtra who need 2nd line drugs.

The treatment will be provided through the State AIDS Control Society, MSACS.

In response to public interest litigation submitted by the Network of

Maharashtra People with HIV (NMP+), Chief Justice Swatanter Kumar and Justice

A.M. Khanwilkar noted that `the competent Authority has taken a decision to

provide free of cost appropriate treatment to the Petitioners, who are allegedly

suffering from HIV Positive

and in addition to them if any other patient comes they will also be

examined and if found suffering from HIV positive, a similar treatment will be

provided to them. Statement accepted. In view of this the petition is disposed

of.'

This confirms that the judges disposed of NMP+'s litigation in view of the

promise by NACO (`the competent Authority') to provide `free of cost',

`appropriate treatment', i.e. 2nd line or alternate 1st line wherever

appropriate.

At an earlier hearing, when NACO pleaded that they could not afford it, the

judge insisted that they provide treatment, saying he would order the state

government to give them adequate funds to cover it.

Second Line drugs are essential to the life chances of many people with HIV.

These are people for whom the normally available treatment for HIV, 1st line

drugs, have failed, cause too many side effects, or are no longer effective.

These people need an alternative (that is, 2nd line or Alternate 1st line)

treatment or they will die.

The Government criteria by which people can access 2nd line have been too

prescriptive. Patients have been assessed not on clinical need but on such

factors as whether they had previously received paid-for treatment, or the

number of years they have been on 1st line. Many poor people who do not fall

into the Below Poverty Line category have had to devastate their finances to buy

the drugs or go without and face the risk of death. 2nd line drugs cost in the

region of 6,000 rupees a month.

A small number of people have been receiving free treatment at JJ Hospital in

Mumbai, but these are only a small proportion of those who need it.

The Network of Maharashtra People with HIV has been conducting an advocacy

campaign on this issue for many months. They were fortunate to get the help of

the Human Rights Law Network, who have been helping with the case in court.

NMP+ believes there are over 200 people who need 2nd line in Maharashtra. Of the

30 named in the original court litigation back in March, at least six have died.

The advocacy campaign has been conducted on a number of levels. These include

informing the media of some of the human interest stories of those waiting for

2nd line, such as the broken marriages, the loss of little businesses from

ill-health and the punitive cost of the drugs, and the heroic patience of many

of those waiting the life-saving drugs.

The Centre for Advocacy and Research (CFAR) helped with this work.

There was also a State Public Hearing called by NMP+ in association with the

Indian Network for People living with HIV (INP+), with funding from Family

Health International (FHI/USAID). It was attended by representatives from MSACS,

MDACS and NACO, as well as over 100 positive people. NMP+ also used the Right to

Information legislation to extract information from JJ Hospital and elsewhere.

The courts are helping to bring more fairness and justice to society.

Further information:

Please contact the Network of Maharashtra People with HIV.

Pravin Salunke

Samarth Coordinator

09850935586

yash.pravin@...

Mc

Communications Adviser

09763740165

vjmcd@...