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View Full Version : Self contradictory answer from NACO towards RTI about 2nd line ART Policy


snehansu bhaduri
7th January 2009, 06:50
Dear Forum,

Pleadr go through the information sought by me from NACO Under RTI Act dt 04/12/2008 and answers from NACO ref. no. C-11012/78/2008-NACO(P&C) dt. 22/12/2008 and comment on NACO's "KILLER 2nd line ART Policy".
The questions and answers are as follows:

1) Why HIV Positive Stakeholders like me are being refused to get 2nd line ART from School of Tropical Medicines, Kolkata, just causing we are not 1st line ART Card Holders although I have started my 2nd line ART Treatment officially under DR. S.K.Guha of STM, Kolkata in 2005 and still today my treatment is going on there?

Answer:
Under National ART Peogramme the fowllowing categories of people are elegible to avail free Viral Load Testing and second line ART-
a) PLHA below poverty line(BPL), widows and children.
b)PLHA under treatment in Government ART Centers continiously foor at least two years, irrespective of income status.

2) As a matter of fact, the cause of not having 1st line ART Card is that, when NACO started free distribution of 1st line ART through STM, Kolkata, that time I was about to start 2nd line ART.
So, i didn't had any opportunity to be a 1st line ART Card Holder.
Under this situation how "NACO 2nd line ART Rollout Policy" can deny my immediate 2nd line ART requirement(as my last CD4 count is 196 tested at STM, Kolkata last month) as a old patient of 2nd line ART under the treatment of STM, Kolkata till 2005?

ANSWER:
In case of person who is not on first line ART at Government ART centers, the second line treatment is provided free of cost to patients below poverty line, widows and cnildren.

3) Is the current NACO Policy to Roll out 2nd line ART denies Indian Supreme Court's recent notice dated 18th September to NACO and J.J.Hospital to ensure Article 21 of
the Indian Constitution, which protects every person's right to life, as placing
an obligation on the Government to ensure the availability of ARV drugs free of
charge to people who require them, regardless of whether they are first or
second line drugs and regardless of where the person in need lives.
Isn't it the violation of Supreme Courts further notice issued to the Union of India and NACO

ANSWER:
The ART drugs are provided free to all elegible patients regardless of where the person lives.

4) Finally from when I shall be getting 2nd line ART from "School of Tropical Medecines, Kolkata as an old patient of the same Hospital?

ANSWER:
In case you are BPL, you may approach Nodal Officers, ART Center, STM, Kolkata.

The above mentioned answer of NACO proves their self contradictory policy in one hand which is providing 1st line ART free of cost irrespective of people's "Income Status" and on the other hand the same policy denying "Citizen's Right to Life and Right to Highest attainable standard of Physical and Mental Treatment" due to their just "Above Poverty Level" family income status but insufficient to carry out 2nd line ART Treatment of their own.

Thanking you,

In solidarity,

Snehansu Bhaduri