HIV infection: Mother moves High Court seeking Central-government probe

First Published 23, Sep 2017, 3:51 PM IST
HIv positive mother High Court
  • A nine-year-old girl was contracted HIV positive during treatment at RCC
  • The mother of the girl moved High Court seeking a probe by Central Government
  • The petitioner also requested that the state government should provide compensation to the child

Mother of the minor girl who was tested HIV positive after the blood transfusion at Regional Cancer Centre (RCC) in Thiruvananthapuram has moved Kerala High Court seeking a probe by the Central government.

The woman asked the court to issue a direction to the Secretary of Ministry of Health and Family Welfare and the Chief Secretary of the state government to probe the matter. 

The petitioner submitted that the government failed to take action even after an order by Child Right's Commission and State Human Rights Commission. She points out that the hospital authorities had carried out various tests, including the one for HIV, and was found negative during the time of admission at RCC on September 28. The nine-year-old girl was affected by HIV virus during the blood transfusion as part of chemotherapy. This was confirmed by the tests conducted at RCC, the petition states. 

Also read: Kerala: 9-year-old cancer patient found HIV+ after blood transfusion

The girl was admitted for cancer treatment at the hospital. It was because of the culpable negligence and irresponsibility of the hospital authorities that the child was infected by HIV. This is in violation of the fundamental right to live guaranteed by the Constitution of India. Though State Human Rights Commission interfered in the matter and directed for urgent action, the state government was not ready to do anything other than forming an inquiry committee, the petition alleges. 

The petitioner also asked the court for an order for a probe by Central Government and demanded compensation, rehabilitation and treatment of the victim. A probe must be carried out to find the erring officials and to know whether any similar incidents have occurred in the RCC or other hospitals. The government should also provide adequate financial aid to the victim, the petitioner has demanded. 

Read more: RCC washes hands of 9 year-old girl contracting HIV through blood transfusion

A high-level team appointed by the state government had found that there was no technical error on the part of the RCC. It also says that the virus must have been transmitted through the blood transfused as part of treatment.