HIV-Positive Refused Treatment Due To Discrimination

The recent case of a native of Bihar, suffering from Aids, has highlighted one aspect of the discrimination faced by people suffering from Aids in India. Earlier this year, this man suffering from Aids was told that he needs “second line of ARV drugs” as “first line of ARV drugs” was not working for him.

He was advised to buy the drugs worth Rs6,000 from the open market, as this treatment was not available in any Bihar government hospital. For the first few months, he bought the medicines by selling his property at a throwaway price. Soon he ran out of money for treatment. Then he approached Bihar Network of People with HIV+ (BNP+), which advised him to approach JJ Hospital in Mumbai for free treatment. He was denied treatment in JJ Hospital in Mumbai on the basis that he was not a Maharashtrian. 
 
Advocate Colin Gonsalves came to know about the sorry plight of the Bihar patient through friends. The patient is on deathbed. He has a low CD4 count – a crucial medical parameter to determine the health of Aids patients. 

Senior advocate Colin Gonsalves on Thursday sought an immediate intervention from the court. The Supreme Court has issued notices to the Centre and National Aids Control Organisation on Thursday to ensure regular treatment to a poor Aids patient who was denied “second line of ante-retroviral drugs” by Mumbai Hospital

A bench of justices KG Balakrishnan, P Sathasivam and JM Panchal will hear the patient’s petition, filed by lawyer Colin Gonsalves, on September 29. 

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