The Madras High Court has ordered notice of admission on a public interest litigation petition by a person living with HIV seeking a direction to the Tamil Nadu government to provide free and compulsory education to all HIV infected and affected children.
A Division Bench, comprising Justices V. Dhanapalan and A. Arumugha Samy, said that the notice would be returnable in two weeks.
The petitioner submitted that he is an HIV-infected person and had married an HIV-infected woman. He is working for the uplift of infected persons. In September last year, he was informed by the AIDS Home Of Hope, an NGO in Kanchipuram district, a home for abandoned HIV/AIDS women and children, that 29 children from their home were disallowed from attending classes by the Panchayat Union Middle School in Perunkarannai village after knowing about the children's HIV status.
When he enquired, he came to know that the children were ousted because of fear of transmitting the infection to other students and staff.
The Headmaster assured him that the children would be allowed to attend classes after mid-term holidays.
Since there was no response from the school authorities after the holidays, he approached them again. He also wrote to the District Elementary Education department and the Tamil Nadu State AIDS Control Society. No action was taken.
The petitioner said that at present, a teacher was taking classes at home for the affected children under the ‘Anaivarukkum Kalvi Thittam.' The refusal of the official and school authorities to let the children attend school is a violation of their fundamental right. The children should be permitted to attend regular classes in the school.
The petitioner also prayed the court to direct the Panchayat President to pay compensation towards the mental agony and suffering of the children.
