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The High Court was hearing a Public Interest Litigation (PIL) moved by people with HIV/AIDS and other disabilities and illnesses who were homeless/abandoned by their families and had nowhere to live.
The Delhi High Court has ordered the government to provide free food and medical treatment to 'HIV positive' people living below the poverty line.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed, “The Government shall ensure strict compliance of the statutory provisions under the 2017 Act, read with its Rules made thereunder. The Government is also directed to ensure free food and medical treatment to HIV-positive persons who are below the poverty line and hence, are unable to afford the same.”
The court was hearing a Public Interest Litigation (PIL) by people suffering from HIV/AIDS and other disabilities and illnesses who were homeless/abandoned by their families and had no place to live.
They sought several directions from the center, Ministry of Urban Development and Poverty Alleviation, Ministry of Finance, Ministry of Labour and Employment, National AIDS Control Organization, and Ministry of Social Justice and Empowerment to provide permanent housing, food security, monthly pension, subsistence allowance, hot cooked meals 24-hour hospice cam and shelter, caregivers, medical nutmeat, medicine, counseling, and care, etc.
The Delhi government apprised the court that a “National AIDS Control Programme” is being implemented in Delhi since 1998 by the "Delhi State AIDS Society‟, under the technical and financial support of the National AIDS Control Organization, Government of India.
The Ministry of Urban Development and Poverty Alleviation stated that there is a scheme known as the "Jawaharlal Nehru Urban Renewal Mission" (JNNURM) that aims to provide housing and basic services to urban poor and slum dwellers in 65 specified cities under the Sub Mission Basic Services to Urban Poor (BSUP) and in other cities/towns under the Integrated Housing and Slum Development Programme (IHSDP). However, it also stated that it does not have a specific scheme aimed at rehabilitating HIV/AIDS-positive people, and thus no relief can be claimed for allotment of a house/shelter.
Taking note that the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 was implemented across the country from September 10, 2018, to establish a robust system to deal with the grievances of affected persons, the bench pointed out that the Delhi government had framed rules to ensure compliance of the Rules and had also appointed the District Magistrate as the "Ombudsmen‟ under the said Rules.
Furthermore, on perusal of the status report submitted by the Delhi government, the court observed that various schemes have been proposed by the GNCTD aimed at providing free anti-retroviral therapy (ART) to patients and providing financial assistance to people living with HIV/AIDS, including children.
“Further, another scheme titled „Travel concession scheme for PLHIVS/CLHIVs for People/Children infected with HIV, attending the ART centers in Delhi for undertaking visits to the ART centers‟ has also been implemented by the GNCTD. The Status Report also reveals that 120 beneficiaries are enrolled under this Scheme, and 429 applications are under process”, the court noted.
Further pointing out the steps taken, the division bench stated that the Delhi Government has put in place several rehabilitative schemes and measures, including affordable treatment, to provide aid and assistance to HIV-positive patients, and it is ensuring strict compliance under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017.
“It is 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.
Accordingly, the court directed the Delhi government to also ensure free food and medical treatment to HIV positive persons who are below the poverty line and hence, are unable to afford the same, and disposed of the PIL.
Case Title: Girish & Ors. v. Union of India & Ors.
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