The High Court of Judicature at Patna orders state government to provide medical facilities to HIV+ patients across the State in Bihar, and “available through the year”
Mr. ABC vs. Executive Director (Health) cum Project Director Bihar State Aids Control Society, Bihar and Ors. (CWJC 5692 of 2020) | High Court of Judicature at Patna | Status: Disposed Off | |
On the 1st of July 2020, the High Court of Patna passed an order that PLHIV requiring third line ART could approach Rajendra Medical Research Institute (RMRI), Patna. RMRI would then be responsible for arranging a consultation by the State AIDS Clinical Expert Panel, which could be either through Telemedicine or through ESACEP, as claimed that are made by both National AIDS Control Organisation (NACO) and Bihar State AIDS Control Society (BSACS) in their counter affidavit, within a period of four working days.
As soon as that is done the line of treatment and medicines, prescribed by the State AIDS Clinical Expert Panel is to be communicated to BSACS by RMRI within the next two working days. Once BSACS is provided the information from RMRI, it is to procure the medicines from Centre of Excellence, Varanasi within a week. The patient is to be then provided with medicine and prescription by RMRI, Patna within 10 days after completing the consultation through Telemedicine or ESACEP at RMRI, Patna. The patient should approach RMRI, Patna at least 15 days before the medicines they are taking are coming to an end.
Order Passed on 1st July 2020:
Petitions to NACO, BSACS and Centre of Excellence
Due to the National and State Lockdown, persons requiring the Third Line of Anti-Retroviral Therapy (ART) were unable to get ready access to the same. Though the petitioners had sent representation letters to Bihar State AIDS Control Society. They were finally able to get access to the third line of treatment on 8th of May 2020, from Rajendra Memorial Research Institute, Patna (RMRI). Though this would also last them only for the period of one month.
Prayers to the Court
i. ensuring availability of Third-Line ART to all PLHIVs in the State of Bihar;
ii. providing requisite testing facility for them; and
iii. making available the necessary drugs in the State of Bihar, preferably, at RMRI, which is a Central Institute and is capable of handling such responsibility.
The response filed also needs to give particular instances of actions that BSCAS and NACO have initiated or proposing to initiate to provide PLHIV with the needed drugs and medicines directly at their doorstep. Furthermore the court has clearly held that the state is not to treat this as an adversarial litigation and as soon as appropriate certification that a person is in requirement of such treatment, NACO and BSACS is to