A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra issued notice to the two governments and sought their response on an NGO's application in which it has alleged that due to the shortage of anti-retroviral (ARV) drugs, adult patients were being given paediatric dosages of the medicines.
The NGO, Delhi Network of Positive People, has alleged that there was "severe shortage and stock out" of various drugs meant for the people living with HIV (PLHIV) at the Anti-Retroviral Treatment (ART) Centres at AIIMS, Safdarjung Hospital and Lok Nayak Jai Prakash Narayan Hospital, among others.
As a result, patients have to incur travel expenses two or more times in a month to get their required dosage of medicine, the NGO said.
It said that as on April 11, 2017, the ART Centre at AIIMS ran out of essential ARV drugs, despite the NGO informing the Additional Project Director of Delhi State Aids Control Authority on March 27 about the shortage.
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It has sought directions to the Centre and the Delhi government to replenish the stock of the essential ARV drugs and other such medicines at the ART centres, including AIIMS.
The application by the NGO was filed in one of the two ongoing PILs alleging that poor HIV patients have been denied the right to free treatment as well as accessibility to and availability of essential medicines and tests.
The pleas have also sought directions to the two governments and other authorities to fill up vacant posts of doctors and staff at the ART centres and ensure a three-month buffer stock of ARVs at these centres at all times.
The petitions have said that while the ARV drugs cannot cure HIV, they do protect the immune system which helps HIV patients to live longer and healthier lives and reduces the risk of sexual transmission of the disease.