19-point proposal by the Centre before the Supreme Court

19-point proposal by the Centre before the Supreme Court

In the Supreme Court of India : Voluntary Health Association of Punjab v Union of India and others

Before the Supreme Court of India, on 5 August 2008 the Government of India issued a list of proposed commitments which were approved by the Supreme Court. These commitments make provisions for people living with HIV/AIDS (PLHA) in India to receive treatment, economic and other support as set out below.

The Human Rights Law Network, which has been representing the petitioners (the Voluntary Health Association of Punjab), welcomes the move. The only thing we find lacking is in relation to second line treatment, and we propose to take this up in the next round of litigation. This was very disappointing. We also have reservations in relation to the number of ART centres and CD4 count machines this too we will take up in the next round of litigation.

A summary of the commitments made by the government:

1) Every category A and B district will have an ART centre.

2) 650 Link ART centres will be functional by 2010, and the National AIDS Control Organisation (NACO) will ensure that every district with a critical mass of people receiving ART will have Link ART centre.

3) Additional CD4 count machines will be installed and an improved maintenance regime for existing machines will be implemented. Better transport systems to take samples from centres which do not have a functional CD4 count machine to those that do will also be put in place.

4) ART centres will be kept clean and hygienic; clean and safe drinking water, seating and toilet facilities will be provided.

5) Every PLHA will be provided with an Antodaya Anna Yojana (AAY) Card.

6) All PLHA will be provided with a job card and employment, in accordance with the National Rural Employment Guarantee Act (NREGA) scheme.

7) State Governments will ensure that appropriate and adequate counselling will be provided to PLHA in a private and confidential setting.

8) Drugs for treatment of opportunistic infections will be made available free of cost, and without any difficulty, to all PLHA in need.

9) All people travelling to receive treatment at an ART centre will travel for free to the nearest ART centre.

10) Second line treatment programme will be expanded.

11) HIV testing kits will be uniformly available.

12) A redressal mechanism for grievances arising out of treatment at ART centres will be established, and names and contact details of all Regional Coordinators will be made public and available to INP+. A committee shall be formed in each State and meet once a quarter, comprising representatives from the government and from the positive networks.

13) The NACO Helpline will be functional as soon as possible.

14) All public hospitals, primary health centres, community health centres etc. shall be required to have post-exposure prophylaxis drugs and material available to all doctors, nurses and hospital staff.

15) All doctors and nurses in both the public and private healthcare sectors will be required to immediately familiarise themselves and comply with all NACO policies and protocols. The Medical, Dental and Nursing Councils of India will be required to disseminate such information on their websites, and the Medical and Nursing Councils of India shall be required to ensure the protocols are part of their teaching and reading materials.

16) All doctors, nurses and hospital staff, in both the public and private sector, shall be required to treat PLHA professionally, humanely and with dignity and care. No doctor or nurse will be able to refuse treatment on the basis of someon's HIV status, and there shall be no stigma or discrimination in treating PLHA.

17) Doctors in the private sector will be directed to make themselves familiar with the care and treatment protocols available on NACO's website. Private practitioners should use these treatment regimens in the first instance.

18) NACO will file a status report with the Supreme Court every three months.

19) All State Governments and the Medical, Dental and Nursing Councils of India will be directed to file compliance reports within six weeks.

Having made these proposed commitments, and them having been approved by the Supreme Court, the Government will now consult further with governmental agencies, and prepare a Circular, detailing the implementation of these proposals.

It is expected that this Circular will also be approved by the Supreme Court and an Order duly made.

Please contact the HIV/AIDS and the Law Initiative of the Human Rights Law Network (hri.delhi@hrln. org) for any further queries or comments.


Laya Medhini
Senior Advisor - HIV/AIDS and the Law Initiative
Human Rights Law Network
www.hrln.org
e-mail:

Cross posted: AIDS INDIA

Forwarded by:

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