Provide 7.5k Monthly Monetary Assistance To Woman Who Was Transfused With HIV+ Blood: Madras High Court Directs Govt.

Sparsh Upadhyay

25 Dec 2020 1:44 PM GMT

  • Provide 7.5k Monthly Monetary Assistance To Woman Who Was Transfused With HIV+ Blood: Madras High Court Directs Govt.

    The Madras High Court on Tuesday (22nd December) directed the Tamil Nadu Government to provide Rs 7,500/- per month as monetary assistance to a woman who was transfused with HIV-infected blood at a government hospital in December 2018. The Bench of Justice N. Kirubakaran and Justice B. Pugalendhi also directed that the woman be appointed as Junior Assistant. Background of...

    The Madras High Court on Tuesday (22nd December) directed the Tamil Nadu Government to provide Rs 7,500/- per month as monetary assistance to a woman who was transfused with HIV-infected blood at a government hospital in December 2018.

    The Bench of Justice N. Kirubakaran and Justice B. Pugalendhi also directed that the woman be appointed as Junior Assistant.

    Background of the Case

    As per the report of 'The Hindu', the 23-year-old pregnant woman had tested positive for HIV, after she was transfused the blood of a donor, who had the virus. This happened at a government hospital in Sattur, Tamil Nadu in the year 2018.

    The donor was not aware of his HIV-positive status when he gave blood. Three employees of the government hospital in Sivakasi, which collected the blood, were placed under suspension for negligence.

    Court's Orders

    The matter reached the doors of Madras High Court (Madurai Bench) in January 2019 and in July 2019, the Court ordered payment of ₹25 lakh as compensation to the woman.

    As per her own statement before the Court, she was paid Rs.10,00,000/- [Rupees Ten Lakh only] and the children were paid Rs.7,50,000/- [Rupees Seven Lakh Fifty Thousand only] each

    The court had also ordered the State government to allocate additional funds to the woman for the construction of a house.

    Further, to avoid any kind of harassment by the neighbours, the Government was also directed to provide a separate water connection to the residence of the victim.

    Further, the Court had also ordered that her husband be provided with proper psychiatric counselling by appropriate medical experts.

    05th November Order

    The Court had, in its 05th November 2020 order, suggested the victim to take first step to interact voluntarily with her neighbours keeping certain distance, so that, they would not have any apprehension at their minds.

    This Court had also advised her to request her neighbours to take care of her, since she is going to live along with them in the same village, for which, she also agrees to interact with the neighbours.

    Further, since the victim used to travel in the bus, the Court had also directed the Government to provide her a two-wheeler free of cost.

    22nd December Order

    A certificate was produced from the Doctor attached to the Government Hospital, Sathur stating that the victim was spending a sum of Rs.250/- to Rs.300/- per day for nutrition to boost up her immunity.

    In response to this, the Court directed the Government to provide her 7500/- monthly.

    The Additional Public Prosecutor, who was appointed by the Court to assist the victim, submitted that Siddha Medical Centre was providing treatment for AIDS patients by providing RNA therapy and that is available at Siddha Research Centre, Thambaram.

    So, in this regard, the Additional Advocate General appearing for the respondents was directed to get instructions.

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