Simplified Explanation of the Judgment
The Patna High Court has issued detailed directions to ensure uninterrupted access to third-line Antiretroviral Therapy (ART) medicines for HIV/AIDS patients in Bihar, especially during the COVID-19 lockdown. The Court emphasized that the right to health is part of the constitutional right to life under Article 21, and the State has a duty to provide timely medical care.
The petitioner, an HIV-positive patient undergoing third-line ART, approached the Court because these essential medicines were unavailable in Bihar. The only supply source was the Centre of Excellence at Banaras Hindu University (BHU), Varanasi — requiring travel that was impossible during the lockdown. The petitioner sought:
- Immediate availability of medicines in Bihar.
- Home delivery of ART medicines during COVID-19 restrictions.
- Adequate stock of third-line ART drugs.
- A mechanism to avoid frequent travel outside Bihar.
- Establishment of a Centre of Excellence in Bihar for such treatment.
Interim relief:
On 27 May 2020, the Court directed authorities to supply at least one month’s medicines to the petitioner from Rajendra Memorial Research Institute (RMRI), Patna, and sought affidavits from the Bihar State AIDS Control Society (BSACS) and the National AIDS Control Organisation (NACO).
Authorities’ stand:
- NACO and BSACS confirmed medicines had been provided and telemedicine or e-SACEP consultations could be arranged.
- They agreed in principle that medicines should be made available in Bihar.
- Establishing a Centre of Excellence immediately was not feasible due to only 23 patients in the state needing third-line ART, but they would review if numbers increased.
Court’s final directions:
Until a Centre of Excellence is set up in Bihar:
- Consultation: Patients to approach RMRI, Patna for telemedicine or e-SACEP consultation with the State AIDS Clinical Expert Panel within 4 working days.
- Prescription and procurement: RMRI to send the prescription to BSACS within 2 days; BSACS to procure medicines from the Centre of Excellence in Varanasi within 1 week.
- Medicine delivery: RMRI to provide medicines to the patient within 10 days of consultation.
- Advance approach: Patients to approach RMRI at least 15 days before their medicine supply ends.
In the petitioner’s urgent case, the Court directed BSACS to ensure delivery of medicines to RMRI by 4 July 2020.
The Court acknowledged the cooperative approach of all counsels and stressed that this was not adversarial litigation but a matter of public health responsibility.
Significance or Implication of the Judgment
This judgment has far-reaching implications for public health administration in Bihar:
- Reinforces right to health as a fundamental right under Article 21.
- Recognizes the special vulnerability of HIV/AIDS patients to opportunistic infections.
- Promotes telemedicine as an interim solution for specialist consultations.
- Balances practicality and necessity — avoiding infrastructure waste while ensuring treatment availability.
- Sets a structured, time-bound process for medicine procurement and delivery.
For patients, it means reduced travel burden and better medicine access. For the government, it establishes a clear duty to plan logistics for life-saving treatments even during emergencies like a pandemic.
Legal Issue(s) Decided and the Court’s Decision
- Whether the State must ensure uninterrupted supply of third-line ART within Bihar during COVID-19 lockdown.
Decision: Yes, through telemedicine consultations and coordinated procurement from outside the state. - Whether a Centre of Excellence must be set up immediately.
Decision: Not for now due to low patient numbers, but authorities must review periodically.
Judgments Referred by Parties
- Paschim Banga Khet Mazdoor Samity v. State of West Bengal, (1996) 4 SCC 37
- Union of India v. Moolchand Khairati Ram Trust, (2018) 8 SCC 321
- State of Punjab v. Mohinder Singh Chawla, (1997) 2 SCC 83
- Balram Prasad v. Kunal Saha, (2014) 1 SCC 384
Judgments Relied Upon or Cited by Court
Same as above.
Case Title
Mr. ABC vs. Executive Director (Health) cum Project Director, Bihar State AIDS Control Society & Ors.
Case Number
Civil Writ Jurisdiction Case No. 5692 of 2020
Citation(s)
2020(3) PLJR 420
Coram and Names of Judges
Hon’ble Mr. Justice Ahsanuddin Amanullah
Names of Advocates and Who They Appeared For
For the Petitioner: Mr. Deepak Kumar Singh, Advocate
For the State: Mr. S. D. Yadav, AAG 9
For the Union of India/NACO: Mr. Ratnesh Kumar, CGC
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MTUjNTY5MiMyMDIwIzEjTg==-4oJxaZKzCkc=
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