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High Court of DelhiW.P.(C)/691/2012

Ms X v. Union Of India And ORS

2017-09-15Hon'Ble Mr. Justice Vibhu Bakhru2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 691/2012 MS X ..... Petitioner Through None.

versus UNION OF INDIA AND ORS ..... Respondents Through Mr Kirtiman Singh, CGSC with Mr Waize Ali Noor and Mr Prateek Dhanda, Advocates for R1.

Mr Satyakam, Advocate ASC, GNCT of Delhi with Mr Akshay Agarwal, Advocate for R2 and R3.

Mr Pushp Raj Yadav, Legal Assistant, GTB Hospital, for R2 and R3.

Mr T. Singhdev, Advocate with Mr Tarun Verma, Ms Biaktn Ansangi, Ms Puja Sarkar, Advocates for R4/MCI

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 15.09.2017 1.

The petitioner has filed the present petition, inter alia, praying that immediate guidelines be issued to ensure that confidentiality of the people living with HIV in a health care set up, is maintained. 2.

The petitioner was tested HIV positive. She was admitted to Guru Teg Bahadur Hospital on 19.07.2011 complaining of severe abdomen pain. The petitioner is aggrieved as a placard reading "SeroPositive Bio Hazard" was pasted on the wall adjacent to her bed. Undisputedly, this would be

clear breach of confidentiality and, directions in this regard were issued. 3.

Thereafter, to ensure that the right to privacy and confidentiality of patients in hospital and other health care establishments is not infringed, maintained, respondent no.3 was directed to prepare a proper guidelines, inter alia, to maintain the confidentiality of patients. 4.

The draft of the guidelines so framed, was circulated for comments and suggestions, including from the petitioner. After obtaining the comments, the set of final guidelines was prepared and the same has been handed over to this Court today. The said guidelines are taken on record. 5.

No further orders are required to be passed in this petition except to direct that the guidelines so framed - and taken on record today - be circulated to all hospitals, other healthcare establishments and authorities. It is so directed.

6.

The petition is disposed of.

VIBHU BAKHRU, J SEPTEMBER 15, 2017 pkv