Wednesday 29 April 2015

Hepatitis C and Right to Life

Hepatitis C virus outbreak was reported from a few villages of Kokernag, Anantnag more than two years ago followed by an epidemic of cases and ongoing new cases in many neighbouring villages.  More than 800 cases are positive in just two villages Takia Magam and Sonabarie.  Many deaths have been reported so far.   Many teams were dispatched to the area under media pressure to start with but as the media’s interest dwindled, so did the attention of the authorities.  The poor villagers have been abandoned without any hope and are living with fear and stigma.   Some have sold their valuables and land to get whatever treatment is available pushing them further into poverty and ill health.
Unlike infections like flu, where herd immunity breaks the transmission cycle, blood borne infections like Hepatitis C will continue to spread until a source is identified.   People can become infected with the Hepatitis C virus by sharing needles, syringes, or other equipment to inject drugs, needle stick injuries in health care settings, from mother to new born and rarely by sharing personal care items such as razors or toothbrushes and having sexual contact with a person infected with the Hepatitis C virus. As per Centers for Disease Control and Prevention USA (CDC), of every 100 people infected with the Hepatitis C virus, about 75–85 people will develop chronic Hepatitis C virus infection; of those, 60–70 people will go on to develop chronic liver disease, 5–20 people will go on to develop cirrhosis over a period of 20–30 years and 1–5 people will die from cirrhosis or liver cancer. Mind you this data is for developed countries with abundant resources and such outbreaks are unheard of.  In view of lack of local research data, delay in treatment and poor health, the results are likely to be much worse.
Although it has been more than two years now, no one has been held accountable for the spread of this infection.  Various departments have been pointing fingers at each other, trying to pass the buck.  The fact is that this infection does not spread unless there is direct inoculation into the body.   Some of the local medical shops were held responsible initially and closed down, but have been allowed to open again.  It is ironic, that in spite of such huge number of cases, the authorities have failed to commission a proper investigation looking into the source and the way it is spreading.  If the reason behind this out break is not known, how will future cases be prevented?
Similar outbreaks have been reported in other districts of the valley including the old city in Srinagar. At least sixty people have been diagnosed with Hepatitis C in Wehal hamlet of Shopian district in last few months.  In Kokernag itself, many more villages are affected; the actual number of positive cases running much higher than the official stand.  In village Sagam Kokernag, hundreds are positive and the same is the case for other adjoining villages.  People talk in whispers that ‘he or she has tested’ with mixed feelings of sympathy, shame and stigma.  I was surprised to note one of my neighbours on Aciloc tablet prescribed by a senior physician. She was reassured that she is going to get better by her doctor. After initial disappointment I appreciated the wisdom of this physician. He knew that this poor lady would not be able to afford the actual treatment and telling her the truth would make her life more miserable. These people have suffered physically as well as emotionally. Some of them are being discriminated out of ignorance and at times by the medical professionals fearing infection. No one has thought about pregnant mothers and new born children. 
The average cost of initial treatment is about two lakh rupees which most of these poor villagers cannot afford.  There have been proposals from the State to Centre for financial aid which has been declined. The previous government had announced some package but that too has become the victim of unending bureaucracy. Even if this money is released to the treat the current cases, there is no plan for preventing the infection further. What about the new cases coming up on daily basis? With delay in treatment many of them are going to develop long term complications. Nothing has been said about managing and helping such patients with chronic disease.
Even if local chemists and self-styled dentists are spreading the infection, the onus of responsibility still lies with the State. Firstly, why are they allowed to operate and if they are really responsible, why are they still operating? These untrained corner shops selling medicine are the first port of call for people in far flung areas for obvious reasons. This brings us back to the question of provision of primary health care on the ground. Let us be honest, the number of primary health centres (PHC) is far less than the population needs. Even at places having a PHC, dentistry has been left out in spite of having enough unemployed dental surgeons in the state. I am not talking about having doctors available everywhere, all the time, but the system needs to at least make sure trained nurses or technicians are available so that people are not pushed to quacks. I am not aware of any programmes of imparting regular training to health professionals working in the department of health and medical education about infection control.  What is the guarantee that this infection is not coming from places run by State, how often are the sterilisation procedures audited?  Testing health workers for infections like HIV, Hep B and Hep C is mandatory around the world but not here.
This brings the question of responsibility and criminal negligence on the part of authorities. From various news reports it seems that the department of health, local administration, drug controller department, department of preventive and social medicine, SKIMS, Pharmacists Association Anantnag have been blaming each other.  The Draft Health Bill 2015 has proposed to declare health as a fundamental right.  Article 21 of the Indian constitution declares right to life as a fundamental right and State has a responsibility to safeguard its citizens. Billions of rupees are spent on defence to protect the life of citizens. But when the same citizens are under attack from a silent killer, the State becomes a silent spectator, undermining the basic human right to life and health.  There is enough case law to back this up. The issue of adequacy of medical health services was addressed in Paschim Baga Khet Mazoor Samiti Vs State of West Bengal.  The question before the court was whether the non-availability of services in the government health centres amounted to a violation of Article 21.  It was held that that Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance.  Failure on part of a government hospital to provide timely medical treatment, to a person in need of such treatment results in violation of his right to life, guaranteed under Article 21. Therefore, the failure of a government run health centre to provide timely treatment is violative of a person’s right to life. It has also been held in this judgement that the lack of financial resources cannot be a reason for the State to shy away from its constitutional obligation.
 Following public interest litigation (PIL) last year, court was given assurances but nothing has been done since.  Courts are the last resort to direct the authorities to act and to charge the people or authorities responsible with criminal negligence. The victims need to be compensated not only for treatment, but also for the psychological trauma suffered by them and their families. The local police must take cognisance and lodge an FIR for further investigations.
The health ministry must clarify who is responsible for treating the current cases and also for preventing further cases.   Ruling party PDP has been vocal about this issue when in opposition but it is time for them to act now.  If this type of outbreak had happened in a responsible state, many heads would have rolled. The ex MLA Kokernag failed to bring much relief to his voters.  The current MLA Kokernag Mr Abdul Rahim Rather has an uphill task to safeguard the life and health of his constituents.
The departments of microbiology and community medicine need to conduct robust epidemiological studies so that the origin of infection and its spread is known.  The department of Public Health (community medicine) which is restricted to medical colleges needs to be expanded to health department.   Reporting of, and documenting all the positive cases in a central register should be mandatory.
The Health department should audit and review all the health facilities in the areas checking for any contamination and source of infection.  Health workers need to be tested for their own safety and safety of others.  Regular infection control training for all the staff dealing with patients is also necessary.  A long term strategy for controlling the spread of this infection or similar infections across the state should be formulated and made public.
Education will play a big role in preventing further spread of the infection.  Religious leaders, Imams and known elders can be trained to spread the message in local communities. The department of education could organise seminars and workshops in schools to make the younger generation aware about such infections and its prevention.  

The civil society too must take this issue seriously like other cases of human rights. State human rights commission needs to take account of the situation.  Last but not least, people and members of civil society must demand from their elected representatives their right to safe, accountable and timely health care.

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