The High Court of Chhattisgarh has directed the state government to pay ₹2 lakhs in compensation to the parents of a newborn child after a government hospital disclosed the mother’s HIV-positive status, violating the family’s right to privacy and dignity. A division bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru ordered the compensation after taking suo motu cognizance of a news report detailing the incident.
Background of the Case
The High Court initiated a suo motu Public Interest Litigation (WPPIL No. 27 of 2024) following a news report published on October 10, 2025, in the Hindi daily ‘Haribhoomi.’ The article, headlined “मासूम के सीने के पास चस्पाकर दी तख्ती, इसकी मां एचआईवी पाजिटिव है” (A placard was pasted near the innocent’s chest, his mother is HIV positive), reported that staff at the Dr. Bhimrao Ambedkar Memorial Hospital in Raipur had placed a poster near a newborn baby, publicly identifying the mother as being HIV positive.
In its order dated October 10, 2025, the court noted the gravity of the hospital’s actions. The judgment stated, “The said act is not only inhuman but also unethical.” The court further observed that revealing the identity of the mother and child “may not only cause them social stigma but may also ruin their future. Such an act is violative of the right to privacy and dignity guaranteed under Article 21 of the Constitution of India.”
The court criticized the medical institution for a “serious lapse and lack of awareness among the medical staff regarding the rights of persons living with HIV/AIDS.” Consequently, it directed the Chief Secretary of the Government of Chhattisgarh to file a personal affidavit addressing the incident and the existing mechanisms for ensuring patient confidentiality.
The State’s Submission
In compliance with the court’s order, the Chief Secretary filed a personal affidavit on October 14, 2025. The affidavit stated that:
- An inquiry committee, headed by the Director of Medical Education, was constituted on October 13, 2025, to investigate the matter, and its report was submitted on October 14, 2025.
- The state government is “committed for strict compliance of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017.”
- The Department of Health and Family Welfare had issued essential directives on October 14, 2024, to all medical colleges and hospitals to ensure compliance with the 2017 Act.
- The government assured it would “take proactive measures to prevent recurrence of such incidence and to create a healthcare workforce which is sensitive and oriented about their legal and ethical obligations.”
Court’s Analysis and Final Decision
After hearing the Court Commissioners, Ms. Surya Kawalkar Dangi and Mr. Palash Tiwari, and the Additional Advocate General for the State, Mr. Y.S. Thakur, the court reviewed the affidavit.
The bench, in its order dated October 15, 2025, concluded that there was a clear failure on the part of the hospital. The court held, “since the identity of the newly born child has been disclosed, proper protocol has not been followed by the hospital authorities by committing breach of confidentiality and protocol.”
Based on this finding, the court directed the Chief Secretary of the State of Chhattisgarh to “ensure payment of compensation to the tune of Rs. 2 lacs to the parents of the newly born child within a period of four weeks from today.”
The matter has been listed for October 30, 2025, for the submission of a compliance report and for further monitoring.
