HIV & AIDS. (IANS File Photo)
DIMAPUR, DECEMBER 9 (MExN): The Government of Nagaland has designated the Joint Secretary in charge of 'B’ Branch, Department of Health & Family Welfare, Nagaland as the HIV & AIDS Ombudsman as per the Nagaland HIV and AIDS (Ombudsman and Legal Proceeding) Rule 2019.
The notification announcing the appointment was dated November 30, 2021, in supersession of earlier notification dated September 8, 2021 and in exercise of the powers conferred under Section 23(1)(b) of the Human Immunodeficiency Virus And Acquired immune Deficiency Syndrome (Prevention And Control) Act, 2017 read with sub-clause (2) and (3) of Rule 4 of the Nagaland HIV and AIDS (Ombudsman and Legal Proceeding) Rule 2019.
The designation came with a notice informing certain amendments made by the Nagaland Government to the Nagaland Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Ombudsman and Legal Proceeding) Rule, 2019.
The notice informed that in Rule 3 after the words "shall appoint" the following shall be inserted: "or designate". In Rule 4 after the words "experience of Ombudsman" the following shall be inserted: "(1) Qualification for appointment of Ombudsman." After the words "experience and knowledge," the following shall be inserted: "may be appointed as Ombudsman whose terms and condition shall be governed by Rule 5.
It further stated that appointment by designation of Ombudsman would be an officer not below the rank of Joint Secretary to Government of Nagaland or equivalent may be designated as Ombudsman by the Government of Nagaland.
Meanwhile, in condition to Rule 4 after the words "judge is appointed" the following shall be inserted: "or designated".
Another sub rule inserted was that “The State Government may appoint an Ombudsman as per provisions of section 23(1)(b) initially and assess the requirement of appointment under section 23(1)(a) after one year based on work load and functions rendered."
Further, it was notified that after the words "services of Ombudsman" the following shall be inserted: "appointed under Sub-Rule (1) of Rule 4.”
The designation comes three years since the commencement of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act 2017.
As per the 2017 Act, the Ombudsman is to redress grievances of people living with HIV and AIDS and act upon complaint made by any person, inquire into violations of the provisions of the Act, in relation to acts of discrimination and providing health care services by any persons. Further, in case of medical emergency of an HIV positive person, the Ombudsman shall pass such order.
The Kohima Bench, Gauhati High Court had directed the Nagaland state government to appoint or designate a qualified person as the HIV and AIDS Ombudsman as per Rule-4 of the Nagaland Human Immuno Deficiency Virus and Acquired Immune Deficiency Syndrome (Ombudsman and Legal Proceeding) Rules 2019, within a period of 45 days from October 18.
