Next time you go to the hospital for a routine check up, you may get examined for HIV too. Private hospitals have started out examining all patients for HIV/AIDS, without seeking their permission or providing them guidance.     

Medical specialists have named it a ‘violation of one’s fundamental rights’. Private hospitals have made the examinations mandatory, as they declared it defends their healthcare suppliers from catching such diseases.

But in the course they have ignored the Ministry of Health and Family Welfare’s rule: “HIV screening is recommended for patients in all healthcare settings, provided the patient is notified that testing will be performed.”

The National AIDS Control Organisation (NACO) has questioned the need of such examinations and has also suggested that if these examinations are executed, they should be conventional to conditions made by some expert body.

Dr Alaka Deshpande, AIDS specialist at JJ hospital, said that three examinations should be carried out before calling someone HIV+. She also said that there have been cases where the first trial has shown up positive result, but the other two tests have showed if not.

“However, some hospitals perform only one test and if the result is positive, tag the person HIV+ without confirming with subsequent tests,” says Deshpande.

A bill outlined by the Lawyers Collective HIV/AIDS Network about ‘informed consent’ is currently being inspected by the Union Law Ministry, and is likely to be delivered in the winter session of the parliament in the existing fiscal.

Anand Grover, director of Lawyers’ Collective, said, “The bill clearly states that informed consent in the form of writing has to be sought.”

But a few private hospitals back up their stand on testing patients.

“Where is the problem in testing each and every patient?” asks Dr Ashish Tiwari, media officer of Bombay Hospital. “Tests protect the staff who are at risk of getting the infection,” he adds.

“If we start counselling patients, many patients might opt out of treatment.” Ironically, the state government has done little to help. Dr Prakash Doke, director of health services, admits that tests are done without consent, but says that only a strict law can help and recommends precautions.

Some doctors even insist that people should go ahead and sue the hospital. “It is a known fact that pre-test counselling does not happen. Therefore, one has every right to fight against it,” says Dr Madhuri Kulkarni, dean, Sion hospital.

“What if there were no laws? Medical ethics itself should stop hospitals from conducting the tests surreptitiously,” she adds.