ID Not Required: Delhi HC Orders Life-Saving Treatment for HIV Positive Transwoman

New Delhi: The Delhi High Court has instructed Lok Nayak Hospital to provide medical care to an HIV-positive transwoman without insisting on identity documents. Justice Sanjeev Narula issued notices to the Delhi government and central authorities, emphasizing her immediate treatment and long-term rehabilitation.

In an order dated December 24, the court directed Lok Nayak Hospital to examine the petitioner and provide necessary treatment immediately. The court clarified that the absence of identification documents should not prevent her from receiving medical attention.

The petitioner, who revealed she was abducted as a child and subjected to sexual abuse, approached Lok Nayak Hospital with assistance from an NGO. Doctors recommended her admission for treatment, but she faced challenges accessing prescribed medications outside the hospital due to her lack of identification proof.

Justice Narula also instructed the central government to explore options for skill training to aid her reintegration into society. Additionally, the court directed relevant authorities to arrange suitable shelter accommodations, considering her health condition and the harsh winter weather in Delhi.

The petitioner sought help from several NGOs for shelter but was repeatedly denied due to her lack of official documents. Eventually, she turned to the High Court’s legal aid wing for assistance, expressing her primary concern for medical treatment and a safe place to stay.

Advocate Baliyan, representing the petitioner, confirmed that her treatment began on December 31. He noted, "Her primary focus was on obtaining healthcare and shelter, and she initially refrained from pursuing any legal action. However, it became evident that securing identification was essential to accessing consistent support."

The court also involved the Union Ministries of Electronics and Information Technology, Social Justice and Empowerment, and the Delhi Department of Health, instructing them to ensure the petitioner’s welfare. Authorities were asked to update the court on the feasibility of providing her with skill development opportunities by the next hearing, scheduled for January 9.

(Input from various sources)

(Rehash/Sai Sindhuja K/MSM)