High Court Directs Delhi Govt To Ensure Free Food, Medical Treatment To Below Poverty Line HIV+ Persons

The Delhi High Court has directed the Delhi Government to ensure free food and medical treatment to HIV positive persons, who are below the poverty line and are unable to afford the same in the national capital.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also directed the Delhi government to ensure strict compliance of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention & Control) Act 2017 and the Rules made thereunder.

The court passed the direction while disposing of a public interest litigation filed in 2011 by various individuals, who were suffering from HIV AIDS and multiple disabilities, for housing and other facilities for their well being, including hot cooked meals.

The PIL had also sought direction for expeditious decision by Centre on all required policies and schemes at national and state level for food security, permanent housing and shelter to all such patients.

The court took note of the response filed by the Delhi Government stating that National AIDS Control Programme is being implemented in the national capital since 1998 under the technical and financial support of National AIDS Control Organization.

A latest affidavit filed by the Delhi Government on December 19, 2022 also stated that various rehabilitative schemes and measures are being taken to provide aid and assistance to ameliorate the condition of patients who are HIV positive.

The court noted that 120 beneficiaries are enrolled under “Travel concession scheme for PLHIVS/CLHIVs for People/Children infected with HIV attending the ART centres in Delhi for undertaking visits to the ART centres” scheme implemented by the Delhi Government and that 429 applications are presently under process.

“A perusal of the above makes it abundantly evident that the GNCTD is ensuring strict compliance under the statutory provisions of the 2017 Act. Further, the GNCTD has taken all possible steps to ensure that affordable treatment is available to individuals afflicted with HIV/AIDS, who do not possess the financial wherewithal to do so,” the court said.

Title: GIRISH & ORS v. UNION OF INDIA & ORS

Citation: 2023 LiveLaw (Del) 1 

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