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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”

Photo: A joint photograph of Patna High Court and lawyer represented this case, Mr. Vikash Kr. Pankaj , Advocate associated with HRLN
Date : 08/05/2019

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”.

The division bench of HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN of THE HIGH COURT OF JUDICATURE AT PATNA had disposed of the writ petition –the Civil Writ Jurisdiction Case No.2001 of 2018 and gave order on 7th May 2019 and says “National AIDS Control Organization, New Delhi, the Bihar State AIDS Control Society, Patna as well as the Ministry of Health, Govt. of India, New Delhi to ensure that the medical facilities to HIV+ patients across the State, at all the ART centres are maintained and the centres are functional with CD4 machine as well as medical facilities as required to cater to such patients, are available all through the year”.

The Writ petition was filed by Sanjeet Singh Son of Late Naresh Singh Resident of Hazipur Colony, Care of Ramanand Sahu, Post Office Road, P.S. – Digha, District – Patna against :
1. The Union Of India through Secretary, National AIDS Control Organization, (NACO), 9th Floar, Chandralok Building, Janpath New Delhi
2. Principal Secretary, Department of Social Welfare, Bihar.
3. The Principal Secretary, Department of Social Welfare, Bihar.
4. The District Magistrate, Saran.
5. The Chief Medical Officer-cum-Civil Surgeon, Saran.
6. The Project Director, Bihar State AIDS Control Society BSACS,
Sheikhpura, Patna.
7. The In-Charge, Anti Retroviral Therapy ART Centre, Chapra, Saran.
8. The Secretary, Ministry of Health and Family Welfare, Government of India,
New Delhi.

Mr. Vikas Kumar Pankaj, Advocate associated with Human Rights Law Network (HRLN) of Bihar Unit had represented the petitioner side.
Mr. Pankaj, learned counsel appearing for the petitioner, argued and put arguments to the hon’ble court as “ while confirming to the affidavit submits that the steps for providing regular medical treatment to HIV+ infected patients no doubt has improved but the affected patients do apprehend a laxity and thus pray for a direction to be given to the concerned authority including the Department of Health as well as Bihar State AIDS Control Society to maintain the same standard of medical facility all through the year as well as to maintain regular supply of medicines to such patients in the other canters running across the State as well .”
The order observes “Having observed as such, that the cause raised by the petitioner has been addressed to and medical facility having improved at the Anti-Retroviral Therapy (ART) Center at Saran at Chapra, we would expect the concerned authorities i.e. National AIDS Control Organization, New Delhi, the Bihar State AIDS Control Society, Patna as well as the Ministry of Health, Govt. of India, New Delhi to ensure that the medical facilities to HIV+ patients across the State, at all the ART centres are maintained and the centers are functional with CD4 machine as well as medical facilities as required to cater to such patients, are available all through the year. With the advice above, we dispose of the writ petition.”

Bihar High Court order
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