The Division Bench of the Delhi High Court in the case of Girish & Ors. vs Union of India & Ors. consisting of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed the Government 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.
Facts:
This Public Interest Litigation was filed for directing the Respondents to make the required allotment of housing for HIV/AIDS survivors in the government’s housing schemes for the poor (Indira Awas Yojna and Rajiv Awas Yojna) and create Night Shelters and Family Homes for HIV/AIDS infected and affected family members. It also prayed for directing Respondent No. 1 to expeditiously decide all required policies and schemes at the national and state level for food security, hot cooked meals, permanent housing and shelter, a hospice for terminally, ill, and caregivers for assistance to all such patients at terminal stage.
Contentions Made:
Petitioner: It was contended that the Petitioners were suffering from HIV/AIDS and other multiple disabilities and ailments. They had been given shelter by Petitioner No.6/Shramik Referral Centre for People Living with HIV/AIDS. But owing to the stigma attached to the infection, the Petitioners were abandoned by their families, and they had no shelter.
Respondents: It was contended by Respondent No.4/Ministry of Urban Development & Poverty Alleviation that a scheme titled “Jawaharlal Nehru Urban Renewal Mission” (JNNURM), which is aimed at providing housing and basic services to urban poor and slum dwellers did exist, however, it did not have a specific scheme targeted towards rehabilitating HIV/AIDS positive persons.
It was contended by Respondent No.6/GNCTD that a “National AIDS Control Programme” is being implemented in Delhi since 1998 by the “Delhi State AIDS Society”. It further submitted a status report highlighting the various schemes floated by it, which are targeted towards providing free Anti-Retroviral Treatment (ART) to patients and granting financial aid to persons and children affected with HIV/AIDS. 120 beneficiaries were enrolled under this Scheme, and 429 applications were under process. Moreover, Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 had been implemented across the country with effect from 10.09.2018 (hereinafter referred to as “2017 Act”) to establish a robust system to deal with the grievances of affected persons. It had also framed Rules called the Delhi Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Ombudsman and Legal Proceedings) Rules, 2022. To ensure compliance with the same, it even appointed the District Magistrate as the ‘Ombudsmen’ under the said Rules.
Observations of the Court:
The Bench opined that the GNCTD was ensuring strict compliance under the statutory provisions of the 2017 Act. Further, the GNCTD had taken all possible steps to ensure that affordable treatment was made available to individuals afflicted with HIV/AIDS, who did not possess the financial wherewithal to do so.
It further stated that:
“This Court finds it apposite to mention that 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 decision of the Court:
Considering the aforesaid and the Status Report filed by GNCTD, no further orders were required to be passed in this PIL. The same was accordingly dismissed.
Case Title: Girish & Ors. vs Union of India & Ors.
Citation: W.P.(C) 7213/2011
Bench: Chief Justice Satish Chandra Sharma, Justice Subramonium Prasad
Advocate for Respondents: Mr. Gautam Narayan, ASC for GNCTD with Ms. Asmita Singh, Advocate for R-6; Ms. Manisha Agrawal Narain, CGSC with Mr. Sandeep Singh Samaria, Ms. Rakshita Goyal.
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