The petition has said that HIV virus levels in patients can be determined by counting the CD4 cells, immune cells, or the viral load in a PLHIV and depending upon the test results it can be decided whether they should start taking the first or second line of anti-retroviral therapy (ART).
The Delhi High Court today sought response of the Union and city governments to a PIL alleging lack of adequate HIV testing kits and centres in the national capital making it difficult to determine the course of treatment required by AIDS patients.
A bench of Chief Justice G Rohini and Justice R S Endlaw issued notices to the Union and Delhi government as well as National AIDS Control Organization (NACO) and sought their replies by July 22 on the plea which has sought directions to the authorities to provide "uninterrupted" service with regard to treatment to People Living with HIV/AIDS (PLHIV).
The petition has said that HIV virus levels in patients can be determined by counting the CD4 cells, immune cells, or the viral load in a PLHIV and depending upon the test results it can be decided whether they should start taking the first or second line of anti-retroviral therapy (ART).
At present there are nine ART centres in Delhi, while CD4 machines are installed at Ram Manohar Lohia (RML), AIIMS, LNJP and Safdarjung hospitals, besides the National Institute of Communicable Diseases (NICD), it said.
However, no CD4 kits are available at RML which was also responsible for conducting CD4 tests for two other centres - Ambedkar and Kalawati Saran hospitals, it said and added "so, effectively presently CD4 tests are not being conducted for three hospitals in Delhi due to non-availability of CD4 kits where around 20,000 PLHIV are registered".
The petition filed by Jai Prakash, a transgender, has also claimed there was only one viral load testing centre in Delhi at Maulana Azad Medical College which not only caters to PLHIV from the capital but also from Rajasthan, Uttar Pradesh and Haryana.
"As of date no viral load tests are being undertaken at this one centre in Delhi which caters to many states in the region due to non-availability of the testing kits.
"As a result the PLHIV, for whom the first line of treatment has failed, cannot access the next step of the treatment protocol by getting a viral test done to determine whether they require to be started on second line ART drugs," the PIL, filed by advocate Ambalika Roy, has claimed.
It has also claimed, "This condition is very critical in terms of the PLHIV’s health and it infringes the right to life for the individual in particular and community at large by directly endangering their lives." The petition has sought directions to the authorities to "provide CD4 testing kits in all the concerned hospitals in Delhi so that there is no difficulty to use the said tests".
It has also prayed for providing viral load testing kits in all the concerned hospitals in Delhi which provide ART drugs and sought a probe to find out reasons for disruption in supply of testing kits which are imperative for HIV related treatment. The PIL has also sought that individuals, departments and organisations responsible for causing "interrupted" treatment be penalised".
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