A patient, suffering from Aids, was refused treatment by Mumbai’s prestigious JJ Hospital because he was not Maharashtrian. The patient, a native of Bihar, approached the JJ Hospital in Mumbai for “second line of ante-retroviral (ARV) drugs”.

A Bihar hospital had told him that the “first line of ARV drugs” was not working for him so he needs “second line of ARV drugs”. He bought the drugs worth Rs6,000 from open market as the treatment is not available in any Bihar government hospital. Soon he ran out of money for treatment. Bihar Network of People with HIV+ (BNP+) advised him to approach JJ Hospital in Mumbai for free treatment. JJ Hospital refused him treatment saying that the medicines were available “only to Maharashtrians”.

Senior advocate Colin Gonsalves brought the attention of the bench, headed by Chief Justice K G Balakrishnan, to the present case. The Centre and National Aids Control Organisation (Naco) has been issued notices from the Supreme Court (SC) to ensure regular treatment to a poor Aids patient. The three-member bench has posted the matter for further directions to September 29.