Chhattisgarh High Court Orders Rs. 2 Lakh Compensation for Breach of HIV Patient Confidentiality
Hospital's disclosure of HIV-positive status leads to social stigma; Court mandates strict adherence to privacy protocols under Article 21 and HIV/AIDS Act.
In a significant judgment, the Chhattisgarh High Court has directed the State Government to pay Rs. 2 lakh as compensation to the parents of a newborn child whose mother's HIV-positive status was disclosed by hospital authorities, leading to social stigma and breach of privacy. The Court acted suo moto following a news report detailing the incident at Dr. Bhimrao Ambedkar Memorial Hospital, Raipur.
The incident came to light when a poster revealing the mother's HIV status was displayed beside her newborn in the hospital's nursery ward, prompting emotional distress for the family. The Court condemned this action as "inhuman and unethical," emphasizing the violation of the right to privacy and dignity under Article 21 of the Constitution.
The bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, criticized the hospital's conduct and underscored the need for sensitivity and responsibility, especially in handling cases involving communicable diseases. The Court referenced the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, which mandates confidentiality and prohibits discrimination against HIV/AIDS patients.
The Chief Secretary of Chhattisgarh submitted an affidavit detailing measures taken to prevent such breaches, including the formation of an inquiry committee and the issuance of guidelines to enforce strict compliance with the HIV/AIDS Act. Regular training and sensitization programs for healthcare staff are also planned to ensure empathetic care for patients.
The Court has set a deadline for the compensation payment and scheduled a follow-up hearing to monitor compliance and further actions. This judgment underscores the judiciary's commitment to safeguarding the rights and dignity of vulnerable individuals, while holding institutions accountable for lapses in ethical and legal obligations.
Bottom Line:
Violation of confidentiality and ethical obligations by hospital authorities regarding HIV-positive patient's identity leads to social stigma and breach of privacy, invoking Article 21 protection.
Statutory provision(s): Article 21 of the Constitution of India, Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
