Morung Express News
Kohima | October 19
The Kohima Bench, Gauhati High Court has 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.
The Court verdict came 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) Rules, 2019.
The PIL was filed on August 17 this year by the Network of Nagaland of Nagaland Drugs and AIDS Organisations (NNagaDAO) and Network of People Living with HIV and AIDS (NNP+) with support from Nagaland Human Rights Law Network (NHRLN).
It may be noted that the appointment of Ombudsman was delayed for almost three years from the date the Act commenced on September 10, 2018.
According to the court order issued after the October 18 hearing, N Mozhui, counsel for Principal Secretary, Department of Health & Family Welfare (H&FW) submitted that the Government of Nagaland had designated Ajit Kumar Ranjan, IAS, Joint Secretary, H&FW as Ombudsman as required under section 23 of the HIV and AIDS (Prevention and Control) Act 2017 vide notification dated September 8, 2021.
“We have seen the notification and perused the same. However, we find that the notification is not as per the provisions of Nagaland HIV & AIDS (Ombudsman and Legal Proceeding) Rules, 2019 framed and notified by the state,” the court order stated.
In the matter which was heard before Justice Songkhupchung Serto and Justice Kakheto Sema, the order further stated that, “going by the provision of this rule, we are of the view that the joint secretary, H&FW department could not have been designated as Ombudsman because of the obvious reason that he does not meet the requirements given therein.
There is no other provision in the Rule of 2019 or in the Act providing the qualification and experience of Ombudsman except the one given herein.”
“Therefore the state government has no choice but to follow the same while appointing/designating a person as an Ombudsman under the Act of 2017,” it said, disposing off the PIL with the direction that the state government “appoint an Ombudsman within a period of 45 days from today.”
Pleased with the Court’s verdict, NNagaDAO president Abou Mere told The Morung Express, “I am happy with the verdict of the court directing the state government to appoint a neutral person based on the HIV rules.”
He also hoped that the state government would give an open advertisement for selection of the best person to take up the position as Ombudsman, and take the HIV and AIDS programme forward.
Commenting on the designation of a bureaucrat as Ombudsman, Mere maintained, “Designating a bureaucrat who has no knowledge of experience in working with HIV and AIDS was a clear violation of the HIV and AIDS Act and its rules.”
He further remarked that “the concerned authority or officer who is supposed to ensure that HIV programmes are effectively implemented by appointing an Ombudsman had tried its level best to suppress the voice of the community and civil society, hindering the effective implementation of HIV programme by delaying in appointment of Ombudsman.”
