Patna High Court Calls For Status Report for Non-Implementation Of Several Schemes, Central Act For HIV/AIDS Victims' Welfare
The Patna High Court recently comprising of came into action and sought response from the Bihar State AIDS Control Society (BSACS) over on-implementation of Government schemes for welfare of HIV/ AIDS victims.
A Division Bench comprising of Chief Justice Sanjay Karol and Justice S. Kumar said that the schemes may be implemented by April 5. It is also the next day fixed for the hearing.
“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.” – ordered the Bench.
Further the court sought a report on appointment of statutory authorities for the purpose and the funds allocated to them.
The bench further observed that,
“Importantly, what is the budgetary allocation and whether the amount stands utilized or not shall also be stated in the affidavit.
Hopefully, all steps for implementation of the provisions/law/rules shall be taken before next date of hearing.
Registry shall ensure generation, forwarding of e-pass to the officers.
List on 5th of April, 2021 when the Officers shall remain present in Court.”
Background:
The issue at hand was thrown to light in a PIL filed by Council for Protection of Public Rights and Welfare in 2017, highlighting the sudden increase number of HIV patients in the State. The Court was also informed about inadequacy of infrastructure for dealing with the said category of patients.
The enactment, namely, Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 was notified by the Ministry of Health and Family Welfare with effect from 17.09.2018.
On 22nd March 2021 the division bench of Chief Justice Sanjay Karol and Justice S. Kumar ordered for a status report and observed that,
“…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.”
Also, in the plea Shri Siddhartha Prasad, learned Amicus Curiae invited the attention of the bench 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 request was made to Dr. K.N.Singh (Addl. Solicitor General), “to ascertain 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 court further in the order dated 22nd march 2021 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]