State Govt notifies Nagaland HIV & AIDS (Ombudsman & Legal Proceedings) Rule
Atono Tsükrü Kense
Kohima | March 11
Bringing relief to People Living with HIVs (PLHIVs), the much awaited Nagaland Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) (Ombudsman and Legal Proceeding) Rule 2019 has been notified by the Government of Nagaland.
In a notification dated March 3, 2020, R Ramakrishnan, Principal Secretary to the Government of Nagaland stated “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.”
There have been numerous instances in the past where PLHIVs in the state have been deprived in matters relating to rehabilitation, medicine stock out, denial of treatment at hospitals, testing kits, mistreatment and discrimination at home and workplace.
Minister for Health & Family Welfare, S Pangnyu Phom had tabled the Nagaland HIV and AIDS (Ombudsman and Legal Proceeding) Rule 2019 during the 5th session of the 13th Nagaland Legislative Assembly on February 7.
Under this Rule, the state government is to appoint one Ombudsman within 60 days of the date of notification. The Ombudsman can be a retired district and session judge, or anyone who has minimum ten years working experience or 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.
The Ombudsman will look into complaints made under the Act and may follow such procedure as he considers just and proper.
Besides other powers and functions, the Ombudsman shall have the power to pass interim orders in cases of medical emergency without hearing the parties, and in the interest of justice, take the assistance of experts, including protected persons and persons vulnerable to HIV, and persons working in the fields of HIV and AIDS, health or health delivery systems.
He/she also has the power to pass orders, including withdrawal and rectification of violation in terms of counseling, social services etc.
Taking to The Morung Express, Project Director NSACS, Dr. Ngangshimeren said that NSACS has been trying for quite some time to get the rule implemented. He said once the Ombudsman is appointed, grievances of the PLHIVs community will be addressed in a ‘fair and just’ manner in a short time.
He stated that the Ombudsman would most probably be appointed by April or May after the government sets up a search committee.
Dr. Ngangshimeren opined that it would be good to consult and review the system of other states in the country where the Ombudsman is in place.
Director Kripa Foundation, Abou Mere was pleased at the passing of the notification, expressing confidence that with the Ombudsman’s appointment, grievances of the PLHIVs community would be fast tracked.
Following the announcement of the Union Health Ministry for the implementation of the HIV and AIDS Act 2017, the NSACS had organised a consultation programme on October 16, 2017 to finalise the state-specific rules.
During this programme, NACO consultant, Garima Sharma had asserted that every state is required to formulate their rules as per the specific uses concerning the state, adding that it is the responsibility of the state to facilitate the implementation of the Act.
