The Chhattisgarh High Court slammed a government hospital for revealing a woman’s HIV status without consent, calling the act “inhuman and unethical,” and held it a grave breach of privacy and dignity, directing Rs.2 lakh compensation to the victim.
The Chhattisgarh High Court deemed the actions of a government hospital as “highly objectionable” and a significant oversight, directing the Chief Secretary of the Government of Chhattisgarh to submit a personal affidavit.
This directive came after the court took suo motu cognizance of a report concerning a breach of patient confidentiality at the state-run Dr. Bhimrao Ambedkar Memorial Hospital in Raipur.
The hospital reportedly displayed a poster indicating that a woman, who had recently given birth, was HIV positive, raising concerns about the potential social stigma that could befall both the woman and her child due to this egregious lack of awareness.
A Division Bench, consisting of Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad, remarked that “the hospital’s conduct was highly objectionable and infringed upon the right to privacy and dignity protected under Article 21 of the Constitution of India.”
This report revealed that a poster was placed near a newborn in the hospital, disclosing the mother’s HIV status. It was noted that the child’s father was seen crying upon reading the poster. Meanwhile, the mother was in the Gynaec Ward, and the baby was in the nursery.
The bench condemned the incident, labeling the act as “inhuman and unethical.”
They emphasized that disclosing the identities of the mother and child could lead to severe social stigma, jeopardizing their futures.
The court expressed its alarm over the serious breach and the apparent lack of awareness among medical personnel regarding the rights of individuals living with HIV/AIDS.
The Chief Secretary was instructed to submit the affidavit by October 15.
This affidavit should detail the current mechanisms in place to maintain patient confidentiality in all government healthcare facilities, including hospitals, medical colleges, Community Health Centres, and Primary Health Centres.
Additionally, it must outline strategies to educate doctors, nurses, and paramedical staff about their legal and ethical responsibilities, as well as measures taken to prevent similar incidents in the future.