Patna High Court on HIV Patients' Welfare Scheme

OVERVIEW 

The Patna High Court, on the 2nd of April sought response from the Bihar State Aids Control Society (BSACS) regarding the lack of measures from the end of the Government in the implementation of the already launched schemes for the well-being of the victims of the deadly virus resulting in the fatal syndrome of HIV/ AIDS.

Such response was sought with respect to the order dated 23rd of March, which directed the State to see to it that the schemes are implemented by the next hearing which was scheduled to be on the 5th of April, 2021.

A further report on the appointment of statutory authorities for the abiding of such directions and the accounts of the funds allocated to them for such task entrusted to them was also sought by the Patna High Court.

BACKGROUND 

The Council for Protection of Public Rights and Welfare had, in 2017, filed a Public Interest Litigation, which brought into limelight and thereby in the attention of the Court, of the sudden increase in the number of HIV patients in the state. The inadequacy of basic facilities and medical infrastructure to treat and shelter the patients was also brought to the notice of the Patna High Court in the PIL.

The High Court recognized the 'public importance' of the condition, and sought for the status reports considering the grounds of apathy. The Court also noticed the inaction of the Court regarding the particular matter.

The order dated 22nd March, 2021 states, “Shri Siddhartha Prasad, learned Amicus Curiae, invites our attention, primarily, to the following core issues:-
(a) Sharp increase in the number of cases of the disease (AIDS) in the State of Bihar;
(b) Non-utilisation of the funds earmarked by the Central Government /National AIDS Control Organisation (NACO)/its instrumentalities in the State
of Bihar;
(c) Non-establishment of Anti-retroviral Therapy (ART) Centres in 11, out of 38 districts, in the State of Bihar.
(d) Unfilled vacancies at different levels in the Bihar State AIDS Control Society. The said institution is working with the human resource of only up to 50%. Out of 71 sanctioned posts, 35 are lying vacant; and
(e) Non-finalisation of Expression of Interest (EOI) for empanelment of NGOs/CSOs/CBOs for providing services for Targeted Intervention(TI)/ Link Worker Schemes(LWS) in the State of Bihar.”

A Division Bench comprising Chief Justice Sanjay Karol and Justice S. Kumar, vide an order dated March 23,2021, implored the state of Bihar to implement the schemes that have been launched for the benefit of the HIV/AIDS inflicted patients by the 5th of April, 2021.

FURTHER DETAILS 

The order stated that “Shri Manoj Kumar, Project Director, Bihar AIDS Control Society (BSACS) shall file his personal affidavit indicating the steps taken for proper and complete interpretation of the provisions of law. Also, what is the status with regard to constitutions of the bodies, statutory or otherwise, in the State of Bihar, as envisaged under the Act/Rules framed thereunder shall be stated in the affidavit. 
Importantly, what is the budgetary allocation and whether the amount stands utilized or not shall also be stated in the affidavit. Importantly, what is the budgetary allocation and whether the amount stands utilized or not shall also be stated in the affidavit.”

During the hearing, both the officers, Shri Manoj Kumar, Special Secretary, Health, who is holding an additional charge of Project Director, Bihar State AIDS Control Society (BSACS), and Shri Abhay Prasad, Additional Project Director, Bihar State AIDS Control Society (BSACS), Patna, “have agreed to sit with the learned Amicus Curiae and other learned counsel for preparing a chart indicating the provisions of the Statute, Rules and the Clauses of the scheme(s), be it Central or State Government, which requires implementation in the State of Bihar.”

CONCLUSION 

The Patna High Court, in its order, sought proper implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 by the State of Bihar. 

The bench observed, "The ratio, in which the cases of HIV stand increased in the State of Bihar and that too amongst the people hailing from rural areas, is alarming. Apathy and inaction on the part of the State of Bihar in dealing with the issue stand highlighted."

The matter is pending to be heard on the 5th of April, when all the officers including the Amicus Curiae Siddharth Prasad is expected to be present at the Court.

WHAT IS YOUR OPINION REGARDING THE LACK OF IMPLEMENTATION OF THE SCHEMES FOR THE BENEFIT OF THE HIV/AIDS PATIENTS? DO LET US KNOW IN THE COMMENTS BELOW!