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SLIC, Socio-Legal Information Center.
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HIV +ve pregnant woman denied treatment

Date : 14/01/2011

This petition focuses on the serious denial of reproductive rights, right to health and the right to food which have impacted on the right to dignity of a woman.

The family of the victim belongs to Bihar and is living below the poverty line. Both husband and wife are HIV positive and have faced harassment at their native place on grounds of their HIV status. The woman faced denial of treatment during her advanced pregnancy stage. After which they came to Delhi on December 12, 2010.

The woman who was nine month pregnant got admitted in the Lady Hardinge Medical college on December 24. Her haemoglobin level was 7.6 and the CD-4 count was 264. Since the haemoglobin was below normal, she was asked to procure one unit of blood in order to facilitate the cesarean surgery. Her husband informed the hospital that as he was also HIV positive, he could not donate blood and there was no other family member in Delhi or in nearby areas to help them as donors.

The hospital did not take this situation into consideration and again on January 3, 2011 the hospital authorities asked her husband to arrange for blood for the surgery. Wherein, he again expressed his inability to donate the blood. The hospital also asked him to provide with clothes, gloves, masks and a kit of universal precaution knowing well that he could not afford at all.

After facing a series of denial and harassment, the husband moved the Delhi High Court for denial of basic human rights and justice for his wife’s pregnancy to happen with dignity and without any discrimination.

The HRLN has filed a case with the hon`ble Delhi High Court for seeking access to blood and treatment under the Right to health, Right to dignity and rights to equality and for poor HIV pregnant women

The High Court heard the matter and gave immediate directions to the Lady Hardinge Hospital saying, “There is an urgent need to issue direction to ensure the protection of the right to health and life of the women and her foetus. A direction is accordingly issued to the Medical Superintendent, Lady Hardinge Medical College and Smt. Sucheta Kriplani Hospital immediately to arrange one unit of blood and further quantity of blood as may be required, from any of the authorized blood banks.


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