'Inhuman, unethical': Chhattisgarh High Court orders Rs 2 lakh payout after govt hospital reveals woman's HIV status

Bilaspur: The Chhattisgarh High Court has directed the state government to pay a Rs 2 lakh compensation to the parents of a newborn after staff at a public hospital in Raipur disclosed the mother's HIV-positive status in violation of confidentiality protocols.

The HC, during a previous hearing, cited a news report which said a poster was placed by government hospital's staff near the child's bed stating that the baby's mother was HIV-positive, and termed the entire episode as "inhuman and unethical".

A division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru passed the order on the matter on Wednesday (October 15), observing the hospital authorities failed to maintain confidentiality.

It said, "..since the identity of the newly born child has been disclosed, and proper protocol has not been followed by the hospital authorities who committed breach of confidentiality, we direct the Chief Secretary of the State of Chhattisgarh to ensure payment of compensation to the tune of Rs 2 lakh to the parents of the newly born child within a period of four weeks from today (Oct 15)".

From the affidavit filed by the Chief Secretary (as per an earlier HC order), it is evident an inquiry committee was constituted under the Director of Medical Education to investigate the facts relating to the aforesaid news item. Thereafter, an inquiry report was submitted on October 14, it said.

It has been stated in the affidavit that the government will take proactive measures to prevent recurrence of such incidents and to create a healthcare workforce which is sensitive and oriented towards fulfilling legal and ethical obligations, the order noted.

As per the order, a newspaper had published a report on October 10 that a poster was placed near a newborn's bed stating that the mother of the child was HIV-positive at the state-run Dr Bhimrao Ambedkar Memorial Hospital, Raipur.

The mother was admitted to the gynaecology ward, while the baby was kept in the nursery. When the child's father saw the poster, he broke down, and expressed deep anguish over the hospital staff's act that breached confidentiality protocols.

Taking suo motu cognisance of the news report, the HC treated the matter as a public interest litigation (PIL) and termed the incident as "inhuman and unethical".

"The conduct of the Medical Institution is highly objectionable as the identity of the mother and the child has been revealed, which may not only cause them social stigma, but may also ruin their future," it noted while hearing the matter on October 10.

Such an act is violative of the right to privacy and dignity guaranteed under Article 21 of the Constitution, the HC said.

It is expected from the authorities managing a premier medical institution like Dr Bhimrao Ambedkar Memorial Hospital that they shall act with utmost sensitivity and responsibility, especially in cases involving patients suffering from communicable or socially sensitive diseases, the bench stated.

"Displaying such a poster in a public ward reflects a serious lapse and lack of awareness among the medical staff regarding the rights of persons living with HIV/AIDS," it said in earlier hearing.

On October 10, the HC directed the Chief Secretary to conduct an inquiry and submit a personal affidavit in the matter.

In compliance, a probe committee headed by the Director of Medical Education was constituted, which submitted its report on October 14.