Non-Implementation Of Several Schemes, Central Act For HIV/AIDS Victims' Welfare: Patna High Court Calls For Status Report

The Bench of Chief Justice Sanjay Karol and Justice S. Kumar 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."

It may be noted that the enactment, namely, Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention And Control) Act, 2017, which was notified in September 2018, seeks to provide equality of opportunities and end discrimination of HIV/AIDS victims.

Read more about the Act - Act To End Discrimination Of HIV/AIDS Victims Notified By Centre One Year After Its Passing

The Court appointed Amicus Curiae in the matter, Siddhartha Prasad invited Court' attention, primarily, to the following core issues:-

• The sharp increase in the number of cases of the disease (AIDS) in the State of Bihar;
• Non-utilisation of the funds earmarked by the Central Government /National AIDS Control Organisation (NACO)/its instrumentalities in the State of Bihar;
• Non-establishment of Anti-retroviral Therapy (ART) Centers in 11, out of 38 districts, in the State of Bihar.
• Unfilled vacancies at different levels in the Bihar State AIDS Control Society which is working with the human resource of only up to 50%. Out of 71 sanctioned posts, 35 are lying vacant; and
• 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.

Court's orders

Before passing any further orders on the matter, the Court requested Dr. K. N. Singh (Addl. Solicitor General) to ascertain the following points:-

• The factual position/status with regard to implementation of all the schemes floated by the Central Government, with respect to the State of Bihar.
• The implementation of the provisions of the Act in the State of Bihar.
• As to whether any rule stands framed by the Central Government or the State Government and their implementation also needs to be ascertained.

Apart from this, when it was brought to the Court's notice that the counsel who had filed the writ petition is no longer active in practice, the Court directed Siddhartha Prasad, Amicus Curiae, to immediately get in touch with the said Counsel and/or the writ petitioner informing of the pendency of the present petition

Lastly, the Court also directed the Project Director, Bihar State AIDS Control Society to remain present in Court for assisting/enabling the Court to pass appropriate orders.

Case title - Council For Protection Of Public Rights And Welfare v.  The Union Of India and Ors. [Civil Writ Jurisdiction Case No.11980 of 2017]

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