What are the remedies available to people living with HIV/AIDS (PLHA) if there is breach of confidentiality?
In cases where there is a breach of confidentiality, PLHA have the following remedies: Civil suit: action for duty and breach of confidentiality. For this the court may grant relief as damages and/or injunctions.Consumer complaints: the PLHA can file a complaint in the district or sate or National Consumer Commissions. The aggrieved parties can claim damages or compensation for the deficiency of service.The PLHA can file a writ petition in a high court under article 226 of the Indian Constitution and in the Supreme Court under article 32 of the Indian Constitution. A cause of action lies in the violation of right to life and personal liberty or other fundamental rights. The courts in these cases may grant the aggrieved party compensation and/or injunctions. What is meant by “access to treatment”? Access to treatment includes not only access to competent medical practitioners but also access to centres of required medical testing and also medicines and drugs required for the control and
