In Nagaland, PLHIVs struggle as State stalls implementation of law

Discrimination keeps 5-year-old CLHIV homeless 

Atono Tsükrü
Kohima | June 18 

The case of a five year old orphan boy from Mokokchung district who contracted HIV from his deceased parents and is now under the Child Welfare Committee (CWC) Mokokchung is just one example of the plight of Persons Living with HIV (PLHIVs) in Nagaland State, especially the young among them.

The case was first reported by Childline 1908 in the first week of June, subsequently informing the CWC Mokokchung, which took the child under its care. The CWC is now trying to find him a permanent home. 

While NGOs have contacted several homes and shelters to house the child, he is yet to find one that can accommodate him. One of the homes contacted was the Cradle Ridge Hospice run by the Naga Mothers Association (NMA). When contacted, NMA President, Abeiü Meru said that right now it is not in a position to accommodate anyone due to financial and human resource constraints. While the Legislators Forum for AIDS (LFA) has sponsored one theologian for a period of 2 years, it was learnt that this has been stopped since April 2019. 

Owing to these factors, and since the Hospice is being run purely on voluntary services, Meru said until staff is appointed and sponsorship provided, it is not in a position to take in more children.

This is not a solitary case, as there are many such cases which have not come out in the public domain, said Abou Mere, Director, Kripa Foundation, while queried on the issue. In the absence of child rehabilitation institutes or shelters for children in need of both physical and medical care, Mere expressed concern on the mental trauma that the child has to endure. Mere added that it is the obligation of the State Government, NSACS and the Social Welfare Department to take care of child rehabilitation.

He further viewed that the delay in arranging rehabilitation is also due to the Nagaland State Government’s failure to appoint ombudsman as per the HIV/AIDS Act 2017. Mere maintained that if the State had appointed the Ombudsman, the child would have received justice by now.

The HIV/AIDS Act 2017 came into force on September 10, 2018. As per law, within six months of the notification, the State needs to notify and appoint one or more Ombudsman. According to the Act, the Ombudsman “shall upon a complaint made by any persons, inquire into the violations of the provisions of this Act, in relation to acts of discrimination and providing of healthcare services by any persons.”

Further, in cases of medical emergency of HIV positive persons, the Ombudsman shall pass such order as soon as possible, preferable within twenty-four hours of the receipt of the complaint.

In the case of Nagaland, the State Government reportedly requested for more time from the Centre just before the expiry of the six months time period in order to prevent contempt of court. 

On being enquired about the delay in appointment of the Ombudsman, Dr. Ngangshimeren, Project Director, NSACS said, all procedures under the Act have been completed and submitted for cabinet approval. The Project Director stated that once cabinet approval is received, the Government gazette would notify it and the Ombudsman would be appointed. At the same time, the Act, he stated, will come to force in the State.

Though NSCAS does not have any provisions for providing rehabilitation, Dr. Ngangshimeren said that he has instructed his staff and the DAPCU Mokokchung to immediately assess the situation and tie up with local NGOs in finding a shelter for the child. 

The case from Mokokchung meanwhile also serves as a reminder of how, despite continuous awareness campaigns, society still stigmatizes and discriminates PLHIVs. The youngest of three siblings, the young boy’s brothers have been lucky enough to find a place to live and are being looked after owing to their negative HIV status, while their younger brother is left in limbo. 

With the ambitious National HIV/AIDS strategy of 90:90:90 to help end the HIV epidemic, the State policy makers and stakeholders require concerted and specific interventions to create an enabling environment for Children Affected and Infected with HIV & AIDS (CLHIV). 

The State Government’s and stakeholders’ urgent task now is to arrange a rehabilitation centre for the child who is on Anti Retroviral Therapy (ART) and in urgent need of rehabilitation with facilities and provisions to take care of Children Living with HIV (CLHIV).