Patna High Court DIrects BSACS For Timely Delivery Of Medicines For Third Line HIV Patients
Mr ABC Vs State of Bihar, CWJC No. 5692/2020 | Patna High Court | Status: Disposed | |
Patna High Court taking account of the difficulties and hardships faced by the Third Line HIV patients during the ongoing lockdown passed an order for timely availability of the medicines and drugs. Dealing comprehensively with the imminent issue the Hon'ble High Court laid down guidelines for the proper channelisation of availability of drugs. The bench laid down the following guidelines to ensure timely availability of medicines:
" a. The Third-Line ART patients of Bihar would approach the RMRI, Patna which would arrange for a consultation by the State AIDS Clinical Expert Panel, either through telemedicine or through eSACEP, as has been stated in the counter-affidavits of both NACO and BSACS, within four working days. Upon doing so, the line of treatment and medicines, as may be prescribed by the State AIDS Clinical Expert Panel, shall be communicated by RMRI, Patna to BSACS, within the next two working days.
b. The BSACS, upon receipt of such communication from RMRI, Patna shall take steps for obtaining the medicine from the Centre of Excellence, Varanasi to be given to RMRI, Patna. The exercise should be completed within one week from receipt of the communication by the BSACS from RMRI, Patna.
c. The concerned patient would thereafter be provided his medicine and prescription by RMRI, Patna after 10 days from him having completed the formality of consultation through Telemedicine or eSACEP at RMRI, Patna.
d. The concerned patient shall approach the RMRI, Patna at least 15 days prior to the medicines being taken by him/her coming to an end."
The Petitioner approached the Hon'ble High Court praying for the following reliefs:
“I. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), the Secretary, National AIDS Control Organization (NACO), Government of India, the Principal Secretary, Department of Health, Government of Bihar and the Government of Bihar to make available the prescribed medicines/ARV drugs to the petitioner and similar other patients undergoing treatment of Third-line Antiretroviral Therapy (ART) for the treatment of HIV AIDS in the State of Bihar;
II. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), the Secretary, National AIDS Control Organization (NACO), the Principal Secretary, Department of Health, Government of Bihar and the Government of Bihar to take immediate steps to ensure the home delivery of medicines/ARV drugs to the petitioner and similar other patients undergoing Antiretroviral Therapy (ART) including Thrid-line Antiretroviral Therapy (ART) as per the notification by the Additional Project Director, Bihar State AIDS Control Society (BSACS) issued a letter bearing Letter No.1483 dated 27.03.2020 in the State of Bihar;
III. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Secretary, National AIDS Control Organization (NACO), Government of India, the Principal Secretary, Department of Health, Government of Bihar and the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), Government of Bihar to ensure that there is sufficient stock of the essential medicines/ARV drugs especially for the Third-line Antiretroviral Therapy (ART) which is currently not available to the petitioner and similar other patients in the state of Bihar at least until continuation of the restriction on public transportation due to lockdown but not less than of 3 months;
IV. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Secretary, National AIDS Control Organization (NACO), Government of India, the Principal Secretary, Department of Health, Government of Bihar and the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), Government of Bihar to devise a mechanism to make availability of medicines/ARV drugs for the treatment of patients undergoing Third-line Antiretroviral Therapy (ART) for HIV AIDS in the State itself so as to avoid frequent visits (as the PLHIV undergoing Third-line of ART are more vulnerable to opportunistic infections) by a patient to the Centre of Excellence at BHU, Varansi, to get the required medicines/ARV drugs;
V. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Secretary, National AIDS Control Organization (NACO), Government of India, the Principal Secretary, Department of Health, Government of Bihar and the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), Government of Bihar to take immediate steps for the establishment of the ‘Centre of Excellence’ (COE) to facilitate the treatment of the Persons Living with HIV AIDS (PLHIV) and also particularly for those undergoing Third-Line Antiretroviral Therapy (ART) in the State of Bihar.
" a. The Third-Line ART patients of Bihar would approach the RMRI, Patna which would arrange for a consultation by the State AIDS Clinical Expert Panel, either through telemedicine or through eSACEP, as has been stated in the counter-affidavits of both NACO and BSACS, within four working days. Upon doing so, the line of treatment and medicines, as may be prescribed by the State AIDS Clinical Expert Panel, shall be communicated by RMRI, Patna to BSACS, within the next two working days.
b. The BSACS, upon receipt of such communication from RMRI, Patna shall take steps for obtaining the medicine from the Centre of Excellence, Varanasi to be given to RMRI, Patna. The exercise should be completed within one week from receipt of the communication by the BSACS from RMRI, Patna.
c. The concerned patient would thereafter be provided his medicine and prescription by RMRI, Patna after 10 days from him having completed the formality of consultation through Telemedicine or eSACEP at RMRI, Patna.
d. The concerned patient shall approach the RMRI, Patna at least 15 days prior to the medicines being taken by him/her coming to an end."
The Petitioner approached the Hon'ble High Court praying for the following reliefs:
“I. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), the Secretary, National AIDS Control Organization (NACO), Government of India, the Principal Secretary, Department of Health, Government of Bihar and the Government of Bihar to make available the prescribed medicines/ARV drugs to the petitioner and similar other patients undergoing treatment of Third-line Antiretroviral Therapy (ART) for the treatment of HIV AIDS in the State of Bihar;
II. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), the Secretary, National AIDS Control Organization (NACO), the Principal Secretary, Department of Health, Government of Bihar and the Government of Bihar to take immediate steps to ensure the home delivery of medicines/ARV drugs to the petitioner and similar other patients undergoing Antiretroviral Therapy (ART) including Thrid-line Antiretroviral Therapy (ART) as per the notification by the Additional Project Director, Bihar State AIDS Control Society (BSACS) issued a letter bearing Letter No.1483 dated 27.03.2020 in the State of Bihar;
III. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Secretary, National AIDS Control Organization (NACO), Government of India, the Principal Secretary, Department of Health, Government of Bihar and the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), Government of Bihar to ensure that there is sufficient stock of the essential medicines/ARV drugs especially for the Third-line Antiretroviral Therapy (ART) which is currently not available to the petitioner and similar other patients in the state of Bihar at least until continuation of the restriction on public transportation due to lockdown but not less than of 3 months;
IV. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Secretary, National AIDS Control Organization (NACO), Government of India, the Principal Secretary, Department of Health, Government of Bihar and the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), Government of Bihar to devise a mechanism to make availability of medicines/ARV drugs for the treatment of patients undergoing Third-line Antiretroviral Therapy (ART) for HIV AIDS in the State itself so as to avoid frequent visits (as the PLHIV undergoing Third-line of ART are more vulnerable to opportunistic infections) by a patient to the Centre of Excellence at BHU, Varansi, to get the required medicines/ARV drugs;
V. To issue a writ of mandamus or any other appropriate writ(s)/order(s) or direction(s) commanding the Secretary, National AIDS Control Organization (NACO), Government of India, the Principal Secretary, Department of Health, Government of Bihar and the Executive Director (Health) cum Project Director, Bihar State AIDS Control Society (BSACS), Government of Bihar to take immediate steps for the establishment of the ‘Centre of Excellence’ (COE) to facilitate the treatment of the Persons Living with HIV AIDS (PLHIV) and also particularly for those undergoing Third-Line Antiretroviral Therapy (ART) in the State of Bihar.