Kiran Raj

The High Court of Tripura, through a suo motu public interest litigation, reviewed the current status and measures undertaken to address the prevalence of HIV/AIDS in the state. The court acknowledged the efforts of the National AIDS Control Organization (NACO) and the Tripura State AIDS Control Society (TSACS) in strengthening the infrastructure for combating the disease. It issued directives to ensure detailed reporting of progress and statistical analysis of the ongoing initiatives.

The proceedings were initiated to assess the effectiveness of strategies implemented by the state government and allied agencies in controlling HIV/AIDS. Representing the court, Amicus Curiae Mr. Sankar Lodh and Ms. Aradhita Debbarma provided assistance, while the respondents included the Secretary, Ministry of Health and Family Welfare, and other stakeholders. Advocates representing the respondents were Mr. S.M. Chakraborty, Advocate General, Mr. Bidyut Majumder, Deputy Solicitor General of India, and Ms. P. Chakraborty.

Appearing virtually, Dr. Chinmoyee Das, Public Health Specialist, Grade-I, NACO, and Dr. Samarpita Dutta, Project Director, TSACS, presented updates on key interventions. They informed the court that NACO has approved the establishment of two Facility-integrated ART Centres (Fi-ARTC) in Khowai and Gomati districts. Additionally, a District Monitoring Unit is to be set up to cover operations in Gomati and South Tripura districts. Approval has also been granted for TSACS to request an additional budget under the Annual Action Plan for FY 2025-2026 to operationalize these facilities effectively.

Dr. Das also apprised the court of her participation in a meeting held on December 9–10, 2024, chaired by the Chief Secretary of Tripura, to address HIV/AIDS-related issues.

TSACS reported substantial progress in expanding facilities across the state. It operates 24 Stand Alone Integrated Counseling & Testing Centres (SA-ICTC) and 133 Facility Integrated Counseling & Testing Centres (F-ICTC), offering vital screening and testing services. Additional facilities include three Public-Private Partnership ICTC Centres and a Mobile ICTC Van. Programs aimed at high-risk groups are managed by 13 Targeted Intervention NGOs, two Link Worker Schemes, and four One-Stop Centres. Over the past six years, TSACS has significantly increased opioid substitution therapy (OST) centres from five to 23, with an additional nine centres approved for implementation.

Furthermore, the court was informed that TSACS is working on operationalizing two additional FIARTCs, five Link ART Centres, and two district-level programs under the District Integrated Strategy for HIV/AIDS (DISHA) framework in accordance with NACO guidelines.

The court noted that while efforts were evident, updated statistics on HIV/AIDS prevalence and the impact of the recent interventions were not presented. It observed: “The updated statistics as regards the incidence of HIV/AIDS patients in the State, including the youth, are, however, not before the Court to take stock of the situation whether the steps being taken in the last 4/5 months have led to improvement in arresting the upward trend of incidence of HIV/AIDS in the State.”

The bench further recorded that while progress in infrastructure and outreach was commendable, it was essential to assess whether these measures were translating into tangible improvements in reducing the spread of the disease. The lack of recent data hindered the court’s ability to evaluate the effectiveness of the programs implemented over the past few months.

In addition, the court stated the need for detailed reports on resolutions passed by the National Narcotics Coordination Portal (NCORD) and the specific actions undertaken to combat drug use, a major contributing factor to the spread of HIV/AIDS.

The court issued the following directives:

1. TSACS is to submit a detailed progress report containing updated statistics on the prevalence of HIV/AIDS in Tripura, including trends among youth, by the next hearing date.

2. NACO and TSACS are to provide specific updates on resolutions adopted by NCORD and the subsequent actions taken to combat narcotics-related issues contributing to HIV/AIDS spread.

3. Officials who participated virtually in the proceedings were instructed to appear at the next hearing and provide further updates on progress.

4. All reports and data must be filed before February 20, 2025, when the matter will be taken up for the next hearing.

Case Title: Court on its own motion v. The Secretary, Ministry of Health and Family Welfare & others
Case Number: WP(C)(PIL) No. 03/2024
Bench: Chief Justice Aparesh Kumar Singh and Justice Biswaijit Palit

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