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Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY, BILAL NAZKI, MOTILAL B.NAIK, S.B.SINHA, V.V.S.RAO
M.Vijaya - Appellant
Versus
Chairman and Managing Director, Singareni Collieries Company Ltd. - Respondent
Decided On : 08-29-01
Held : Having examined the matter in detail with reference to various material including statistics placed before us, we are inclined to make/issue the following suggestions/directions:1. Sufficient AIDS/hiv+ve test kits/equipment to all hospitals and institutions should be provided. The Government Blood banks as well as licensed blood banks should be compelled to buy fool proof HIV+ve/aids test equipment. 2 All the Government hospitals should use only disposable needles in injections. Registered medical practitioners should be compelled to use only disposable syringes. 3 Bio-medical waste collected from hospitals and nursing homes should be properly destroyed or disposed of. 4 There should be more awareness programmes undertaken by the Government especially in rural areas, in slum areas so that people can take preventive measures. 5 Having regard to the cost of anti-AIDS drugs, efforts should be made to supply anti-AIDS drugs free of cost like in anti-TB and anti-leprosy programmes and family welfare programmes. 6 Doctors should be encouraged to undergo special training programmes for diagnosis and treatment of AIDS patients7 There should be proper schemes for rehabilitation of patients who are diagnosed as HIV+/aids as there is social ostracising is attched to HIV+/aids infected person. 8 There should be compensatory mechanism to deal with the AIDS in case of negligence on the part of the blood banks/hospitals by way of free facilities and free access to State funded health institutions. 9 Doctrine of constitutional tort should be recognised even for prevention and control of AIDS and State should be made liable for any negligence on the part of the health service system subject to laid down by Supreme Court in Indian Medical Association v. V. P. Shantha (1995)6 SCC 651 : (AIR 1996 SC 550 ). 10. There should be special treatment facilities in hospitals for those who suffer from HIV+/aids11. There should be strict vigilance on licensed Blood Banks with reference to pre-blood transfusion testing for HIV+ and there should be effective educational and training programmes for those who man the blood banks. 12. Government may consider to introduce sex education in schools at least from adolescence stage. 13. Identity of patients who come for treatment of HIV+ve/aids should not be disclosed so that other patients will also come forward for taking treatment. 14. There should be change in the method of AIDS propaganda and no slogans, which promote indiscriminate sex, should be used in the propaganda15. The infected HIV+ patient should be educated about the AIDS so that he may not inadvertently or innocently be responsible in spreading the disease. 16. The lastest method of testing blood for HIV+/aids should be introduced in all the hospitals by giving subsidies so that tests can be conducted at reduced costs. 17. ALL the Hospitals and Nursing Homes should be directed to dispose of their bio-medical waste in terms of Bio-Medical Waste (Management and Handling) Rules 1998 and they shall strictly comply with the norms specified therein. Such hospitals shall be directed to obtain the necessary authorisation for disposal of the waste from the PCB. 18. Like the Central Government, which has exempted from payment of Central excise duty in respect of medicines imported for the treatment of AIDS, the State Government should also consider the desirability of grant of sales tax exemption in relation thereto. 19. It is axiomatic that no mandamus would issue to the Legislature to enact legislation in the matter. But, having regard to the submissions made at the Bar as also taking notice of the fact that the States of Maharashtra and Karnataka have already introduced Bills in this behalf in the respective Legislatures, the Government of Andhra Pradesh may also consider the desirability of introducing a similar Bill before the State Legislature.
( 2 ) THE matter has been referred to a larger bench having regard to the importance and magnitude of the problem, the inhabitants of the State had been facing with. When the matter came up for admission on 11-7-2001, we directed the Registry to issue a public notice in various national and regional newspapers inviting intervention of the Non-Governmental Organisations and the public-spirited persons. The respondents were also directed to file counters as regards the precautionary measures taken by them, amenities available in the hospitals and blood banks, regulatory measures taken by the State in relation to running of such hospitals and blood banks, treatment, including the mode and manner of treatment, rehabilitation of the patients, as also spreading of awareness amongst the general people.
( 3 ) IN response to the said notice, one Sri S. Jeevan Kumar, Convenor, Human Rights Forum, Hyderabad, Dr. P. V. R. Bhaskara Rao, Chairman, "people for Economical and Effective Medicare", Hyderabad and Ms. Jyotirmayee, Secretary, Srikakulam Mandal Mahila Viniyogadarula Sangham, Srikakulam have filed separate petitions to permit them to participate in the proceedings as interveners. The husband of the petitioner also filed a petition to implead him as 2nd petitioner. Sri K. G. Kannabhiran, learned Senior Counsel also appeared as intervener.
( 4 ) THE factual matrix leading to the invocation of the jurisdiction of this Court to intervene in the matter is as follows. The husband of the petitioner was working as Pump Operator in SCCL since 17 years and they had three children. She underwent a family planning operation in Singareni Maternity Hospital on 10-9-1989 whereafter she started suffering from abdomen pain. After investigation and scanning, it was diagnosed as Chronic Cervicitis and she was advised to undergo an operation for removal of her uterus. She was admitted in the Maternity Hospital of SCCL on 23-1-1998. For conducting the hysterectomy operation, one unit of blood was immediately required. Her brother Pettam Lakshmirajam donated his blood for the operation. She was discharged from the hospital on 7-2-1998. Fifteen days thereafter she started suffering from fever and she again approached the hospital on 20-2-1998, but as fever has not receded, she got herself admitted in a private hospital on 6-3-1998 wherefrom she was discharged on 23-3-1998 after treatment. She at the id hospital, had incurred an expenditure of Rs. 23,500. 00. As she did not recover from fever, she went to another private hospital where she was treated for about two months wherefor she incurred an expenditure of Rs. 5000. 00. She again visited another private hospital on 26-9-1998 whereafter conducting certain test she was declared to be a HIV+ve patient. She was, therefore, advised to go to Hyderabad for better tests. The test conducted to her husband resulted in HIV negative.
( 5 ) SHE again went to Singareni Area Hospital on 29-9-1998 and although the doctor therein confirmed the disease, he did not refer her to Hyderabad for
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