In a bid to protect the identities of HIV patients in healthcare setups, the Centre has begun working on drafting guidelines for doctors and medical staff across the country.
The Central Government’s move comes two years after the State-run Guru Teg Bahadur Hospital referred to an HIV-positive patient as a ‘biohazard’. Following the Delhi High Court directions, the Centre will formulate guidelines to ensure the Right to Confidentiality for those living with human immunodeficiency virus in hospitals. The time period allotted to the Government is five months and High Court will take up the matter again in February next year.
A case of breach of doctor-patient confidentiality was brought to the notice of the Court in 2011 when GTB authorities had displayed a placard stating ‘Seropositive-BioHazard’ against an HIV-positive patient’s bed during the three days that she was admitted to GTB for treatment.
The patient sought legal support with the help of an NGO, Center for legal Aid and Rights, and approached the Delhi High Court. Admitting the petition moved through advocate Ambalika Roy, the HC took note of the placard, produced as evidence against GTB, and ruled that the “conduct of the Hospital and its medical superintendent was wholly illegal and demonstrated lack of sensitivity.”
Observing that the action on the part of the Hospital was a violation of the right to life with dignity, the Court said, “It appears to violate the Fundamental Right under Article 21 of the Constitution of India. It also breaches the privacy and confidentiality of the petitioner.” Besides issuing notices to GTB, the State and the Centre, the Court noted lack of any set guidelines on maintaining “Doctor-Patient Confidentiality.” That is when the High Court directed the Centre and advocate Ambalika Roy to work together and form guidelines for hospitals so as to “avoid occurrence of a situation similar to the petitioner’s.”