Photo Courtesy: kohimahighcourt.gov.in
Morung Express News
Kohima | September 28
Following the filing of a public interest litigation (PIL) against the Nagaland state government for failing to appoint an Ombudsman as per the HIV and AIDS (Prevention and Control) Act 2017 and the Nagaland HIV and AIDS (Ombudsman and Legal Proceeding) Rule 2019, the High Court has listed the matter for hearing on October 6.
The PIL was filed on August 17 this year by the Network of Nagaland Drugs and AIDS Organizations (NNagaDAO) and Network of Naga People Living with HIV and AIDS (NNP+) with support from Nagaland Human Rights Law Network after the appointment of Ombudsman was delayed for almost three years from the date the Act commenced on September 10, 2018.
The matter was first heard by a division bench of the Gauhati High Court, Kohima Bench headed by Justices Songkhupchung Serto and S Hukato Swu on August 18, and was listed for hearing on September 15.
According to a court order issued after the September 15 hearing, the counsel for the petitioner, Neiteo Koza submitted that the process for selection and appointment of Ombudsman has been initiated and as such, “the petition may be disposed of with a direction to complete the process within a time frame.” However, the Government Advocate who accepted notice on behalf of the State respondents was ‘indisposed’ and another advocate appeared on behalf of the respondents, the order stated.
“Considering the importance of the issue involved here, before the petition is disposed of we would like to be apprised by the learned Government Advocate as to the stage of the process that has been initiated and as to when the Ombudsman would be selected and appointed,” the order stated.
Earlier, the Department of Health & Family Welfare made a temporary arrangement by deputing an officer for a period of six months, with effect from September 22, 2020 with the justification that “the arrangement was made when the state was fully engaged with the COVID-19 pandemic.”
Interestingly, this appointment came just before the expiry of the six-month period following the notification issued by the state government dated March 3, 2020, the day the Nagaland state specific rule (Nagaland HIV rules) was notified by the Governor of Nagaland with immediate effect.
Following several representations by voluntary organisations regarding the appointment of the HIV & AIDS Ombudsman, the Department of Health & Family Welfare had also constituted a committee.
According to the notification dated August 13, 2021 notifying the constitution of a Committee, “the committee shall analyse and study the ruled framed and system of appointment of Ombudsman prevailing in other states and based on the analysis suggest improvements in the working of Nagaland HIV & ADIS (Ombudsman and Legal proceeding) Rule 2019. It shall submit its report within one month from the issue of this order.”
Meanwhile, speaking to The Morung Express, a person working with the key population said that commenting on the PIL case would be inappropriate as the matter is now sub-judice and still pending in the Guwahati High Court, Kohima branch.
However, asserting their lucid stand on this issue, he said, “I want to make our stand very clear that we are not against any department or the state government, but are pro-justice for marginalised people.”
“We are demanding from the Nagaland government to fulfil its moral and legal obligations and ensure operationalising the implementation of the HIV and AIDS (Prevention and Control) Act, 2017 and the Nagaland Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Ombudsman and Legal Proceeding) Rule 2019,” he underscored.
He expressed hope that the state government would “give an open advertisement to select and appoint an Ombudsman, who can be neutral, independent, objective and committed to provide appropriate solutions.”
