Ex-defence personnel says got HIV in blood transfusion, SC directs adequate treatment

Supreme Court of India (File Image)

New Delhi | The Supreme Court on Thursday asked the Base Hospital, Delhi Cantonment, to provide adequate treatment to an ex-defence personnel who alleged that he contracted HIV from the blood transfusion given to him at a military hospital in 2002, and now has AIDS.

The petitioner-in-person submitted before a bench headed by Chief Justice U.U. Lalit that as per lab report and the NACO guidelines, he is an AIDS patient. He contended that he is not getting treatment, although he has brought on record all documents, and pointed out that the blood transfusion took place in 2002 at a military hospital.

The bench, also comprising Justice Bela M. Trivedi, asked the petitioner to visit Base Hospital for medical examination to avail adequate treatment. It asked the doctors at the Base Hospital to check the petitioner’s present medical status and provide him with medical assistance, and asked the authorities concerned to submit a report to the court.

It was argued before the apex court that petitioner did not get medical facilities for his condition, when he earlier reported at Base Hospital, Delhi Cantonment. In 2014, the authority concerned conducted the HIV test, however the test results established that the petitioner was not HIV positive.


The petitioner contended that the same year, he went through another test where he was found positive for HIV. The top court was informed that the concerned authority does not have the entire record of the matter, in view of the policy of not retaining documents beyond a certain period.

The top court also allowed the petitioner to bring on record all documents related to his medical expenses so that it could be reimbursed by the concerned authority after verification.

It noted that earlier the respondent authority was asked to submit the material indicating the source or name and details of the person who had donated the blood, which was used for transfusion. The top court asked the authorities to test the donor and submit the report to it.

The Centre's counsel assured the top court that the petitioner will be provided the medical assistance. The top court has scheduled the matter for further hearing on November 22.


The English Post is on Telegram, click to join for regular news update



Related posts