Kerala High Court Seeks Government’s Response on Compensation for Alleged HIV Transmission During Medical Treatment
Sanchayita Lahkar
The Kerala High Court has directed the Chief Secretary or the Principal Secretary of Health, Government of Kerala, to submit an affidavit stating whether the state intends to compensate a petitioner whose daughter was allegedly infected with HIV during medical treatment. The court ordered that the affidavit be filed after consultation at the highest level and include details of the measures taken to improve blood testing technology since the incident.
The case was heard by a Single Bench of Justice Mohammed Nias C.P. on March 11, 2025. The petitioner, a father who lost his daughter, approached the court seeking financial assistance from the state and central governments. He contended that his daughter, initially HIV-negative, had undergone multiple blood transfusions at the Regional Cancer Centre (RCC), Thiruvananthapuram, and was later diagnosed as HIV-positive. The state, in its affidavit, stated that the testing technology available at the time was not sufficient to detect infections immediately due to a window period of four to eight weeks. The court directed that a detailed affidavit be submitted within three weeks and listed the matter for further orders on April 2, 2025.
The writ petition was filed by Shiji, a resident of Alappuzha, who submitted that his daughter contracted HIV during treatment for suspected leukemia. She initially received medical care at the Government Medical College Hospital, Alappuzha, before being referred to the RCC in Thiruvananthapuram. During her treatment, she underwent 49 blood transfusions. According to medical reports, one of the blood donors was later found to be HIV-positive. The petitioner submitted that at the beginning of her treatment, his daughter had tested negative for HIV, but subsequent tests confirmed the infection.
The petitioner sought compensation from the state and central governments, arguing that the testing methods in use at the time were inadequate, leading to his daughter’s infection. He also sought financial aid to help the family recover from the emotional and financial burden caused by the incident. The petitioner was represented by Senior Advocate George Poonthottam and Advocate Nisha George.
The respondents in the case included the Chief Secretary of Kerala, the Secretary of the Ministry of Health & Family Welfare, Government of India, the Director of the Regional Cancer Centre, and the State Police Chief. The court directed the Chief Secretary and the Health Secretary to submit an affidavit stating whether the state intended to provide compensation. The affidavit was also required to include information on any measures taken after the incident to improve blood testing technology at the RCC.
The court recorded that the facts of the case were undisputed, including the number of transfusions and the subsequent positive diagnosis. It noted that “the testing technology that was employed at that time was not adequate to promptly detect the infection of the donor for the reason that, there was a window period of 4 to 8 weeks before it was possible to detect infection.”
Taking note of these circumstances, the court directed the government to clarify its position on compensation, stating, “the Chief Secretary or the Principal Secretary of Health, Government of Kerala, is directed to file an affidavit, after consultation at the highest level, as to whether the State intends to compensate the petitioner for the unfortunate death of his daughter in the circumstances referred to above.”
The court also directed the government to provide details of the current blood testing systems in place, including the type of equipment used, its make and model, and how it compares to the technology used at the time of the incident. The court ordered that “the affidavit shall also state the steps taken after the above incident and detail the machines now being used in the Regional Cancer Centre for such blood testing, including the technology, the make & model of the machine and the advantages it has over the technology which was used at the relevant time.”
The court directed that the Chief Secretary or the Principal Secretary of Health file an affidavit within three weeks, responding to the question of whether the state intends to compensate the petitioner. The affidavit must also include details of improvements made in blood testing technology since the incident, particularly at the RCC. The case has been scheduled for further orders on April 2, 2025.
Advocates Representing the Parties
For the Petitioner: George Poonthottam Senior Advocate & Nisha George, Advocate
For the Respondents: Public Prosecutor (for Respondents 1 and 4), Central Government Counsel Smt. Premlatha K. Nair (for Respondent 2), Senior Advocate T.A. Shaji and Advocate Athul Shaji (for Respondent 3)
Case Title: Shiji v. Chief Secretary of Kerala & Others
Case Number: WP(C) No. 30664 of 2017
Bench: Justice Mohammed Nias C.P.
[Read/Download order]
