Kohima, April 26 (MExN): The Kripa Foundation Nagaland has written to the Secretary of Justice and Law department, seeking fast track appointment of an Ombudsman for HIV/AIDS as per Rules 3 and 4 of the Nagaland State HIV Rules.
A copy of the letter was issued to the media on Monday, drawing attention to the Nagaland Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) (Ombudsman and Legal Proceeding) Rule 2019 which was notified by the Government of Nagaland.
The letter referred to a notification dated March 3, 2020, “in exercise of the powers conferred by Section 49 read with Sections 23, 24 and 25 of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act 2017, the Governor of Nagaland is pleased to notify the Nagaland Human Immunodeficiency Virus and Acquired immune Deficiency Syndrome (Ombudsman and legal proceeding) Rule 2019, with immediate effect.”
It said that the Nagaland State HIV Rules “provide for the appointment, terms and conditions, qualifications and manner of inquiry by the Ombudsman,” while adding that the appointment of an Ombudsman is the first step towards operationalising the implementation of the HIV and AIDS (Prevention and Control) Act, 2017 and the aforesaid rules in Nagaland.
As per the rules, the state government shall appoint Ombudsman—a retired district and session judge, or anyone who has minimum ten years working experience having extensive knowledge in matters relating to public health or health delivery system, or a qualified healthcare provider who is a physician, or a person working in NGO with similar experience and knowledge) within 180 days of the date of notification, the letter stated.
“The timeline for appointing an Ombudsman is long overdue, thus the issue merits your urgent attention and necessary action,” it added.
It further stated that the appointment of a qualified and independent Ombudsman under the HIV Act would go a long way in preventing stigma, discrimination, exploitation and an environment of fear experienced by PLHIVs in Nagaland and help achieve the laudable objective of the HIV Act, which is to ‘prevent and control the spread of the HIV epidemic and protect the human rights of persons affected by it.’
Citing the moral and legal obligation of the Law and Justice department in appointing a full time Ombudsman to protect PLHIVs with an independent, objective and neutral judgment, the Kripa Foundation appealed the competent authority to give an open advertisement immediately to fast track the appointment of the Ombudsman under section 23 of the HIV Act read with Rules 3 and 4 of the Nagaland State HIV Rules.
