In Brief
In July 2002, Cpl Ashish Kumar Chauhan, an IAF radar operator, was transfused with blood at a military hospital during Operation Parakram without proper HIV screening or informed consent. In May 2014, he tested HIV positive. The Supreme Court held the IAF and Indian Army vicariously liable for medical negligence, applying the doctrine of res ipsa loquitur. Despite the hospital's claim of safe procedures, systemic failures were evident: no licensed blood bank, no pathologist, no documented HIV testing, and lack of informed consent. The 12-year latency period between transfusion and diagnosis was consistent with medical science. The Court awarded ₹1,54,73,000 in compensation covering lost earnings (₹86,73,000), mental agony from institutional discrimination and stonewalling (₹50,00,000), and future attendant care (₹18,00,000). The judgment also issued extensive directions to implement the HIV and AIDS (Prevention and Control) Act, 2017, to combat stigma and discrimination against HIV-affected persons in all establishments and courts."
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