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Supreme Court of India · body

2010 DIGILAW 1115 (SC)

Sahara House v. Union of India

2010-10-01

K.S.P.RADHAKRISHNAN, S.H.KAPADIA, SWATANTER KUMAR

body2010
ORDER : I.A. No. 4 in W.P. (C) No. 512 of 1999 1. By the present Interlocutory Application, the petitioners herein have challenged the National AIDS Control Organisation's [for short ‘the NACO’] Directives by which the Second Line treatment is made available only to certain specified categories of persons based on identified and specified criteria. The Interlocutory Application has been moved also for a further direction from this Court that all those who are clinically evaluated to be in need of Second Line Anti-Retroviral [for short ‘the ART’] drugs are provided such treatment free of cost without regard to geographical location, current registration with ART Centres, length of time on first line ART or any other condition. 2. Having heard arguments at length, we are of the view that, in the first instance, the Quarterly ART Reporting Format for private sector needs to be immediately supplied through NACO to all private hospitals who in turn will fill up the Reporting Format, which is annexed to the affidavit of Union of India dated 9th September, 2010. The ART Reporting Format will be posted on the Website of NACO within two days. The private hospitals would submit the data to NACO within two weeks after the Format is put on the Website. For further directions, let this matter stand over for four weeks. 3. As far as private Doctors treating HIV patients are concerned, we hereby direct Medical Council of India [for short ‘the MCI’] to implement our above directions within two weeks from the Reporting Format being put on the Website. The MCI, in turn will issue appropriate directions to the private Doctors, to furnish the requisite information in the ART Reporting Format to NACO. The guidelines will be issued by the MCI within a period of two weeks from today. We are informed that Ministry of Health and Family Welfare has issued appropriate directions vide communication dated 9th September, 2010.