‘Inhuman, unethical’: HC raps govt hosp for privacy breach

Raipur: Terming it highly objectionable and a serious lapse on part of the govt hospital, the Chhattisgarh high court on Friday directed the chief secretary, govt of Chhattisgarh, to file a personal affidavit after taking suo motu cognisance of a report about a patient's confidentiality breach at state-run Dr Bhimrao Ambedkar Memorial Hospital, Raipur.The govt hospital had reportedly put up a poster revealing that a woman, who had recently given birth, was HIV positive and the court pointed out how this could result in the woman and her child facing undue social stigma due to this blatant lack of awareness. A Division Bench comprising Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad observed that the hospital's action was "highly objectionable" and violated the right to privacy and dignity guaranteed under Article 21 of the Constitution of India.The court took up the matter urgently after a news report was published in a Hindi daily. The report stated that a poster was displayed near a newborn baby at the hospital revealing that the child's mother was HIV positive. The report mentioned that the child's father started crying upon seeing the poster. The mother was admitted to the Gynaec Ward, while the baby was in the nursery ward.The bench strongly criticised the incident, noting the act was "inhuman and unethical." It pointed out that revealing the identity of the mother and child could cause them severe social stigma and ruin their future. The court expressed concern over the serious lapse and lack of awareness among medical staff regarding the rights of persons living with HIV/AIDS. The court instructed the chief secretary to file the affidavit by Oct 15.The affidavit must specifically detail the existing mechanism for ensuring the confidentiality of patients' medical conditions across all govt healthcare facilities, including hospitals, medical colleges, Community Health Centres, and Primary Health Centres. It must also outline the measures proposed to sensitise doctors, nurses, and paramedical staff regarding their legal and ethical obligations and the steps taken to prevent the recurrence of such incidents.