The Delhi High Court has directed the Delhi Government to ensure free food and medical treatment to HIV-positive persons who are below the poverty line.

The Court has also directed the Government to ensure strict compliance of the statutory provisions under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, and the Rules made thereunder.

The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was dealing with a PIL wherein it was stated that the Petitioners are suffering from HIV/AIDS and other multiple disabilities and ailments.

The PIL sought directions to accept petitioners who are homeless, displaced patients and do necessary and immediate arrangements for their housing, safety, well-being, food, hot cooked meals 24 hour hospice cam and shelter.

Gautam Narayan, ASC with Advocate Asmita Singh appeared for Delhi Government.

Two replies were filed on behalf of the Delhi Government.

Vide the first reply, the Court was informed that a National AIDS Control Programme is being implemented in Delhi since 1998 by the Delhi State AIDS Society, under the technical and financial support of National AIDS Control Organization, Government of India.

As per the Status Report filed on behalf of Delhi Government, various rehabilitative schemes and measures have been taken by the Delhi Government to provide aid and assistance in order to ameliorate the condition of patients who are HIV positive.

The Court was further informed that the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 has been implemented across the country to establish a robust system to deal with grievances of affected persons.

Thus the Court observed that “A perusal of the above makes it abundantly evident that the GNCTD is ensuring strict compliance under the statutory provisions of the 2017 Act. Further, the GNCTD has taken all possible steps to ensure that affordable treatment is available to individuals afflicted with HIV/AIDS, who do not possess the financial wherewithal to do so.”

Thus the Court observed that no further orders were required to be passed in the PIL.

Cause Title- Girish & Ors v. Union of India & Ors.

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