Title: XXX v. State of Kerala & Ors.
Decided on: 10 November, 2023
+ W.P.(C) No. 231 of 2023
CORAM: HON’BLE Justice Devan Ramachandran
Introduction
In an effort to protect the privacy of such applicants, Tinku Biswal, Principal Secretary of the Revenue Department, recently notified the Kerala High Court that the Chief Minister’s Distress Relief Fund (CMDRF) portal had been redesigned to include a page specifically for HIV-positive individuals. This page would only be under the control of the relevant District Collectors or their authorized officers.
Facts of the Case
The development stems from a plea that claims applicants, who frequently come from the lowest socioeconomic strata, must use platforms like Akshaya Center to assist them in uploading their applications and medical records in order to receive the benefit of a government order that grants HIV-positive people Rs. 6,000/-largesse every six months. This is alleged to violate the applicants’ privacy and confidentiality. According to Biswal, the file will be returned to the District Collector (or other authorized authority) after the ART Center authenticates the certifications they issued. The District Collector would then provide their advice and send the file to the Finance Department for payment. She clarified that the Finance Department would next, in accordance with the financial outcome and budgetary proposals, perform the required inquiries in a very confidential manner and distribute the funds to the beneficiary.
Courts analysis and decision
The Court observed that the current configuration would allow a patient to upload their application and certifications while still being in their own privacy and without needing help from a third party. The Court further emphasized, while taking note of the globally recognized procedures in this area, that its primary responsibility is to guarantee that HIV patients are not subjected to undesired attention or privacy violations at any time. Therefore, it was believed that the site should be operational as soon as possible. Biswal responded by saying that although the portal had already been constructed, it would take another month to complete the process. As a result, the Court postponed the case to December 11, 2023, for additional review.
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Written by- Hargunn Kaur Makhija
