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2. The matter has been referred to a Larger Bench having regard to the importance and magnitude of the problem, the inhabitants of the State had been facing with. When the matter came up for admission on 11-7-2001, we directed the Registry to issue a public notice in various national and regional newspapers inviting intervention of the Non-Governmental Organisations and the public-spirited persons. The respondents were also directed to file counters as regards the precautionary measures taken by them, amenities available in the hospitals and blood banks, regulatory measures taken by the State in relation to running of such hospitals and blood banks, treatment, including the mode and manner of treatment, rehabilitation of the patients, as also spreading of awareness amongst the general people.

14. The Chairman and Managing Director of SCCL filed a counter-affidavit wherein it has been pointed out that out of the workforce of 1,05,000, upon a survey conducted, it was found that more than 1000 workmen are affected with HIV and when all the family members are taken into account, the number of infected persons would be more than 3000. The company runs six hospitals employing 236 doctors with total bed strength of 1,130. But, in the event any patient is not cured, they are referred to Hyderabad to get themselves treated in the multi-speciality hospitals like Osmania, NIMS etc. and the expenditure thereof is borne by the company and that facility was given to the petitioner. It is stated that the company having regard to the magnitude of the problem, had taken steps for bringing awareness of the disease of AIDS in the workforce as well as the society around them by making a vigorous and continuous campaigning by all available methods like pamphlets, tele-plays, stage-plays, public speeches etc. It has been pointed out that on 23-12-2000 in terms of National Coal Wage Agreement -VI, special leave of six months is being granted to employees suffering from AIDS with 50% of basic pay. A further leave at 50% of basic pay will be granted if there is a relapse or continuance of the ailment. The company also started a voluntary organisation known as ASHA - AIDS Sufferers Helpage Association with the aim to create awareness among the workmen of SCCL and general public about AIDS. In the counter-affidavit, however, it has not been staled that since when the magnitude of the problem had been detected and awareness programme had been started.

36. All the international organisations, regional organisations etc., are seized of the problem. They are finding ways and means to combat AIDS. In this international scenario, the sub-continent, and given the social structure of the citizenry, the problem in India is also reaching an acute stage.

Size of the problem in India:

37. The first case of HIV (arguably) was detected in India in the year 1986 and since then HIV prevalence has been reported in all the States and Union Territories. It is estimated that the number of HIV infected adults in India, in mid 1998 was 3.5 million. In recent years, it has spread from urban to rural areas and from individual having high-risk behaviour to the general population. It was found that extra marital sex was the primary mode of infection to the extent of 80% of AIDS cases. Blood transfusion and blood product transfusion like plasma is estimated to contribute over 5%.

67. The very fact that even in one Public Sector Undertaking the possibility of 3,000 persons being infected with HIV among the one lakh workforce and their family members clearly go to show that the States does not have correct picture about the number of HIV patients. It is a matter of great concern that even the respondent-company having noticed the magnitude of the problem, did not carry on the requisite blood tests to the victim even after she approached the hospital nor she was referred to any other super speciality hospitals for tests and treatment. It has not been disclosed as to whether the doctors working in the said hospital are themselves aware of the problem and whether the pathologists working therein are technically competent to carry on the tests or whether both Elisa and/ or Weston Blot tests were conducted to the blood donor. The entire defence of the company is based on surmises and conjectures. Evidently, despite the knowledge that the petitioner had been suffering from AIDS, no financial or other help had been given so far.