PATNA: The Patna high court on Thursday ruled that the licence of any doctor refusing to treat a person living with
HIV/AIDS (PLHA) is liable to be cancelled.
Hearing a writ petition alleging denial of treatment by the PMCH to the petitioner living with AIDS, Justice Navaniti Prasad Singh observed that it is the duty of a hospital to give medical assistance to every citizen without any discrimination and if a doctor refuses to treat a person living with HIV/AIDS (PLHA), his licence shall be liable for cancellation.
"The doctors are bound by their oath," the court observed.
The court ordered the
PMCH superintendent to constitute a medical board comprising three doctors and examine the petitioner. "If the petitioner requires surgery, it should be done immediately at the cost of the state and if surgery is not required, the report shall be produced in the court at the earliest," the court ordered.
The writ petition was filed by one
Sushila Kumar through her counsel
Vikash Kumar Pankaj who argued that the petitioner immediately needs treatment/surgery as she had serious complications in her uterus and she can't sit. He also stated that the petitioner was referred by Chhapra sadar hospital to PMCH due to her status but the PMCH refused to perform surgery. The petitioner counsel said it is gross violation of her fundamental rights.