SC stays grant of Rs 1 lakh damages to AIDS victim

November 20, 2001

The Times of India 20, November- 2001

NEW DELHI- The Supreme Court on Monday stayed an Andhra Pradesh High Court order

asking Singareni Collieries Company Ltd (SCCL) To pay Rs one lakh as

compensation to a worker's wife who allegedly contracted AIDS during her

treatment in the company-run hospital. A Bench comprising Justice B N Kirpal and

Justice K G Balakrishnan also issued notice to respondents, including the

claimant, and admitted the petition. SCCL challenged the HC's October 29 order,

which had asked the state government to consider the " desirability of

introducing a Bill granting sales tax exemption to imported medicines for

treatment of AIDS. "

The victim had alleged that his wife had contracted the disease due to the

negligence of the hospital staff who did not screen the donated blood for HIV

virus. The Bench directed that sufficient HIV test kits and other equipment be

provided to all institutions and licensed blood banks be made to buy fool-proof

equipment. All the government hospitals should compulsorily use disposable

needles for injections, it had directed.

A five-judge Bench of the high court had treated a letter from the worker's wife

as public interest litigation. It had also asked the state government to issue

necessary circulars to public sector undertakings and other private sector

companies " to see that the persons suffering from HIV-AIDS are identified and/or

given proper treatment.

SCCL's counsel P P Rao and B Parthasarathi argued that the high court erred in

treating the letter as PIL when the claim was of personal nature and not on

behalf of the public.

Counsel said the high court also was not correct in recording a categorical

finding that the victim had suffered on account of the negligence of the medical

and paramedical staff and then leaving it open to parties to seek appropriate

remedies before a civil court

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Jagdish Harsh ( jharsh@... )

François-Xavier Bagnoud (INDIA) ( www.fxb.org )

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