Morung Express News
Kohima | June 6
The Gauhati High Court Kohima Bench on June 5 directed the State of Nagaland to ensure that all necessary tests for the diagnosis and treatment of Hepatitis C Virus (HCV) are provided free of cost.
The Division Bench of Justice Devashis Baruah and Justice Budi Habung also directed the State of Nagaland to keep the Model Testing Centres (MTCs) fully functional so that the patients can obtain the necessary facilities as provided in the National Viral Hepatitis Control Programme (NVHCP).
The direction was made after the counsel representing the State respondents submitted that the MTCs are open throughout the week at present and the Court accepted the assurance that the Centres are fully operational.
“We, upon hearing the learned counsels, are of the opinion that a perusal of the guidelines categorically states that free medical diagnosis and treatment for both Hepatitis B and Hepatitis C would be made available at all levels of health care,” the judgement order said, disposing off a PIL on Wednesday.
It further noted that the MTCs have been set up in Kohima, Dimapur, Mokokchung, Tuensang, Zunheboto, Mon, Longleng, Kiphire, Phek, and Peren.
Hence, it stated: “If the testing for complete blood count, liver function test, kidney function test, and any other test(s) are required in connection with the prevention, diagnosis, or treatment for Hepatitis B and/or C, the said patients have to be afforded free testing.”
The Court was hearing a Public Interest Litigation (PIL) initially filed in 2018, highlighting the inadequate steps taken by State authorities in addressing the HCV epidemic.
The petition sought free testing and treatment in accredited hospitals, better public awareness, and the inclusion of necessary medications in the state’s essential drug list, among others.
Additionally, it called for the equipping of Primary Health Centres (PHCs) and Community Health Centres (CHCs) to facilitate HCV antibody testing and referrals.
The Access To Rights and Knowledge (ARK) Foundation, Nagaland Users Network (NUN), Hepatitis Coalition of Nagaland (HEPCON), and Network of Naga People Living HIV & AIDS (NNP) were the petitioners of the PIL.
During the hearings, the State Government outlined that the NVHCP, launched in 2018, aims to provide free screening, diagnosis, and treatment for Hepatitis B and C, targeting high-risk groups and aiming for the elimination of Hepatitis C by 2030.
The State also reported the establishment of MTCs and testing centres across various districts, including Kohima, Dimapur, and Mokokchung.
However, the State Government in its submission acknowledged challenges such as logistical issues with non-institutional births and disruptions in the supply chain of free testing kits, exacerbated by the COVID-19 pandemic.
Meanwhile, the Union Government, which funds 90% of the programme, emphasised that the implementation responsibility lies with the State.
In the judgement order, the Court recognised the progress made since the PIL was filed, including the operationalisation of MTCs and the availability of free testing kits and medications.
While expressing satisfaction over the programme’s status, the Court emphasised the need for the continued provision of essential diagnostic tests free of cost. Confirming that the MTCs are now open throughout the week, the Court directed the State to maintain the functionality of these centres.
The Court also commended Neiteo Koza, the counsel for the petitioners, for bringing the issue to its attention, as well as the assistance of N Mozhui, the counsel for the State respondents, and Yangerwati, the counsel for the Union Government.
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