Delhi HC to decide cases Concerning HIV Positive Persons on Priority

The Delhi High Court will take up and dispose of “on priority basis” the legal proceedings concerning an HIV positive person whose anonymity and confidentiality shall be strictly maintained.

The practice directions’ have been issued by the high court, on its administrative side, in compliance with the directions passed by the Supreme Court in a judgment on September 26, 2023.

“In compliance of the directions passed by the Hon’ble Supreme Court in judgment dated September 26, 2023 in , Hon’ble the Acting Chief Justice has been pleased to issue following directions for compliance by all concerned.

“In any legal proceeding concerning or relating to an HIV-positive person, the courts shall take up and dispose of the proceeding on priority basis in terms of Section 34(2) of the HIV (Prevention and Control) ACT 2017”, the practice directions issued through Delhi High Court Registrar General Kanwaljeet Arora on February 7 said.

It further said that courts shall also ensure that the anonymity and confidentiality of the name of the HIV-positive person is strictly maintained by substituting the name of such person with a pseudonym in the records of proceedings.

The apex court, in its September 2023 judgment, had directed that all courts, quasi-judicial bodies, including tribunals, commissions and forums, discharging judicial functions set up under central and state enactments and those set up under various central and state laws to resolve disputes, shall take active measures, to comply with provisions of Section 34 (suppression of identity) of the HIV Act.

“Chief Justices of all high courts, shall compile information, and devise methods of collecting information in that regard, anonymising identity of persons affected, appropriately and also complying with provisions of Section 34 (2) of the HIV Act. The Registrar General of the Supreme Court shall also look into the matter, and frame relevant guidelines which, after approval be issued and implemented,” the top court had said.

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