Patna High Court Seeks Implementation Of HIV Patients' Welfare Scheme In The State By April 5

In an order dated March 23, a Division Bench comprising of Chief Justice Sanjay Karol and Justice S. Kumar said that the schemes may be implemented by April 5, the next date fixed.

In this regard, the Bench ordered the Project Director, BSACS, to file his personal affidavit, indicating the steps taken by the society for proper and complete interpretation of various Statute, Rules and Schemes, notified for the benefit of AIDS victims.

The Court also sought a report on appointment of statutory authorities for the purpose and the funds allocated to them.

The order stated,

"Shri Manoj Kumar, Project Director, Bihar AIDS Control Society (BSACS) shall file his personal affidavit indicating the steps taken for proper and complete interpretation of the provisions of law.

Also, what is the status with regard to constitutions of the bodies, statutory or otherwise, in the State of Bihar, as envisaged under the Act/Rules framed thereunder shall be stated in the affidavit.

Importantly, what is the budgetary allocation and whether the amount stands utilized or not shall also be stated in the affidavit.

Hopefully, all steps for implementation of the provisions/law/rules shall be taken before next date of hearing."

During the course of hearing, the Project Director assured the Court that he shall sit with the Amicus Curiae and prepare a chart, indicating the provisions that requires implementation in the State of Bihar. The provisions shall include both State and Government schemes.

The issue at hand was thrown to light in a PIL filed by Council for Protection of Public Rights and Welfare in 2017, highlighting the sudden increase in number of HIV patients in the State. The Court was also informed about inadequacy of infrastructure for dealing with the said category of patients.

Thereafter, recognizing the 'public importance' of the case on one hand, and apathy and inaction shown by the State on the other, the High Court had called for a status report. It had also sought proper implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention And Control) Act, 2017. 

The matter is now fixed for consideration on April 5.

Case Title: Council for Protection of Public Rights & Welfare v. Union of India & Ors.

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