[Ip-health] Supreme Court directs Universal Access to Second Line ART in a phased manner

mnpplus manipur mnpplus at gmail.com
Fri Dec 17 19:00:27 PST 2010


Dear All,

It is good to hear that the barricade of accessing 2nd Line ART has been
relaxed and most of PLHIV who are in need of 2nd line ART are going to get.
However, as the Supreme Court orders universal access to second line
treatment would be started at four Centres of Excellence (JJ Hospital in
Mumbai, GHTM Tambaram, Maulana Azad Medical College (MAMC), New Delhi and
Calcutta School of Tropical Medicines, Kolkata) with immediate effect. This
pilot initiative would be studied over a period of three months, after which
it will be scaled up to more ART Centres.

My question is Why Regional Institute of Medical Sciences (RIMS), Manipur is
not included in this pilot study? After all RIMS, Manipur is also one of the
Centre of Excellence. What is this judgement? Why there is always
a step-mother treatment to us? This is really a craps and human rights
violation..

Don't we (PLHIV of Manipur) doean't need 2nd line ART???????????????????


Ratan
On 16 December 2010 13:53, Mihir Samson
<mihir.samson at lawyerscollective.org>wrote:

> Update: Sahara House v. UOI W.P. (C) 535/1998 &
>
>  Sankalp Rehabilitation Trust v. UOI W.P (C) 512/1999
>
> Sankalp Rehabilitation Trust had filed an application in the above petition
> in the Supreme Court challenging the constitutionality of NACO's criteria
> for second line ART and seeking a direction that second line be made
> available to all those who need it, irrespective of any other criteria.
>
> Under Indian law, commenting on the merits of a case which is pending
> before
> a court amounts to contempt. The update below is a fair reporting of the
> proceedings before the Supreme Court in this matter.
>
> The Petitioner argued that limiting access to 2nd line was violative of
> fundamental right to life of PLHIV. Taking a serious view of the situation,
> the Hon'ble Supreme Court made it clear to the government that access to
> second line must be universalized. On 16th December, the following
> statement, appended below, was endorsed as an order of the Hon'ble Supreme
> Court.
>
> As per the order, second line ART will be provided to all PLHIV who need
> it,
> whether they were in the private or public sector or on rational or
> irrational treatment. In the first phase (3 months), universal access to
> second line treatment would be started at four Centres of Excellence (JJ
> Hospital in Mumbai, GHTM Tambaram, Maulana Azad Medical College (MAMC), New
> Delhi and Calcutta School of Tropical Medicines, Kolkata) with immediate
> effect. This pilot initiative would be studied over a period of three
> months, after which it will be scaled up to more ART Centres.
>
> Lawyers Collective HIV/AIDS Unit will organize a meeting in January 2011
> with PLHIV and NACO to further explain the order and discuss the remaining
> issues in the ART Rollout Programme.
>
>
>
> Statement/Minutes of Meeting for bringing about Universal Access to Second
> line treatment
>
>
>
>
>
> SAHARA HOUSE vs. UNION OF INDIA,
>
> WRIT PETITION (C) No. 535 of 1998
>
>
>
> SANKALP REHABILITATION TRUST & ANR. V. UNION OF INDIA
>
> WRIT PETITION (C) No.512/1999
>
>
>
> VOLUNTARY HEALTH ASSOCIATION OF PUNJAB vs UNION OF INDIA
>
> WRIT PETITION No. (C ) No. 311/2003
>
>
>
> COMMON CAUSE Vs. UNION OF INDIA WRIT PETITION (C) No. 61/2003
>
>
>
>
>
>
>
> One of the issues that has arisen in the above-referenced Writ Petitions
> concerns the criteria currently being employed by the National AIDS Control
> Organization (NACO) for administering second line treatment to persons
> suffering from HIV / AIDS. Specifically, the Petitioners have sought
> extension of second line treatment to all persons in need of it - whether
> they underwent first line treatment in government or private sector, and
> irrespective of whether they were put on a rational regimen for first line
> treatment. The NACO has consistently maintained that the ultimate goal is
> to
> have universal access to second line treatment, but there were various
> capacity-related and other constraints on doing so, and this was therefore
> sought to be achieved in a phased manner. In proceedings before this
> Hon'ble
> Court, the parties undertook to hold a review meeting to discuss the
> modalities for bringing about universal access to second line treatment to
> all those in need of it. A meeting was held on 13.12.10, where the
> following
> decisions were taken:
>
>
>
> 1.         The private practitioners are required to follow the ART
> guidelines out lined in the OM no. T-11020/29/1998 (Admn.-ART) dated 9th
> September 2010 and earlier OM no. T-11020/29/1998 (Admn.-ART) dated 26th
> August 2008 approved by Hon'ble Supreme Court of India in its order dated
> 1st October 2008.
>
>
>
>  2         NACO commits to making second line treatment available to all
> those in need of it - whether they underwent first line treatment in the
> government sector or private sector, and irrespective of whether they were
> put on rational / irrational treatment regimen.
>
>
>
> 3.         However, there are some immediate constraints that need to be
> addressed, before second line treatment can be universally available. The
> process for drug procurement (through international competitive bidding) is
> likely to take at least six to eight months, and some lead-up time is also
> required for strengthening viral load capacity and trained personnel.
>
>
>
> 4.         Further, complete data on the number of persons who would seek
> second line treatment in the government sector is presently unavailable.
> Without such data, it is difficult for NACO to gauge the nature and extent
> of capacity addition that is required to handle the additional inflow of
> persons in need of treatment without compromising on quality of care.
>
>
>
> 5.         Therefore, it is proposed that in the first phase, universal
> access to second line treatment would be started at four Centres of
> Excellence (JJ Hospital in Mumbai, GHTM Tambaram, Maulana Azad Medical
> College(MAMC), New Delhi and Calcutta School of Tropical Medicines,
> Kolkata)
> with immediate effect. This pilot initiative would be studied over a period
> of three months, which would give an indication of the numbers of
> additional
> persons seeking second line treatment, thus enabling capacity addition to
> proceed in a planned and phased manner. A Status Report would be presented
> to this Hon'ble Court after three months, along with a plan for Phase II
> (where such treatment is likely to be made universally available at some
> more Centres of Excellence).
>
>
>
> 6.         By way of clarification, it is submitted that persons from
> anywhere in the country (in need of second line treatment) may be referred
> to these four Centres of Excellence presently.
>
>
>
> 7.         As a matter of procedure, person in need of second line
> treatment
> will register at the local ART centre. This could be a person who suspects
> treatment failure, or a person already on second line treatment. The local
> ART centre will then refer the person to the State AIDS Clinical Expert
> Panel (SACEP) in the Centre of Excellence, as per existing operational
> guidelines and prior appointment shall be given. The person shall then
> report to SACEP where further viral load tests etc. will be conducted as
> required, and a decision would be taken on whether there is genuine
> treatment failure necessitating second line treatment.
>
>
>
> 8.         The precise progression of phases depends, in large part, on the
> number of persons requiring treatment once access to such treatment is
> universalized and patients are referred by the practitioners / information
> provided by networks. NACO shall make its best efforts to ensure that such
> treatment is universally available at the earliest.
>
>
>
>
>
> In Solidarity,
>
> Shivangi Rai and Mihir Samson
>
> Lawyers Collective HIV/AIDS Unit
>
>
>
> _______________________________________________
> Ip-health mailing list
> Ip-health at lists.keionline.org
> http://lists.keionline.org/mailman/listinfo/ip-health_lists.keionline.org
>



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