Pharmaceutical Scarcity And Its Human Cost: The Effect On HIV Patients In India
- IJLLR Journal
- May 15
- 2 min read
Udismita Das, LL.B., Amity Law School, Amity University, Kolkata
ABSTRACT
The uninterrupted availability of antiretroviral therapy (ART) is essential for safeguarding the lives, dignity, and well-being of People Living with HIV (PLHIV). India, despite operating one of the world’s largest HIV treatment programmes through the National AIDS Control Organisation (NACO), has experienced recurring shortages of critical antiretroviral (ARV) medicines between 2020 and 2025. These shortages, intensified by the COVID-19 pandemic, procurement delays, and supply-chain inefficiencies, affected essential drugs such as Dolutegravir, Tenofovir, Lamivudine, and pediatric formulations. This paper examines the impact of pharmaceutical scarcity on the physical and mental health of PLHIV in India and evaluates the extent to which India’s domestic policies and international obligations ensure uninterrupted access to HIV treatment.
The study adopts a doctrinal and analytical research methodology by examining government reports, parliamentary debates, judicial decisions, international instruments, policy documents, and civil-society reports. It argues that interruptions in ART not only accelerate disease progression and increase the risk of drug resistance but also create severe psychological consequences, including anxiety, depression, stress, social isolation, and loss of trust in public healthcare systems. The research further analyses the constitutional dimensions of ART access under Article 21 of the Constitution of India and India’s obligations under international human-rights frameworks such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Doha Declaration on TRIPS and Public Health.
The paper highlights the gaps between policy commitments and ground-level implementation, particularly in procurement transparency, stock monitoring, and distribution mechanisms. It also emphasizes the need to integrate mental- health support into HIV care systems. The study concludes that ensuring uninterrupted access to essential HIV medicines is both a legal obligation and a public-health necessity. Strengthening supply-chain resilience, adopting real-time monitoring systems, expanding multi-month dispensing, and institutionalizing psychosocial support are crucial steps toward
protecting the rights, health, and dignity of PLHIV in India.
Keywords: HIV/AIDS; Antiretroviral Therapy (ART); Pharmaceutical Scarcity; Mental Health; People Living with HIV (PLHIV); Right to Health; Article 21; NACO; Access to Medicines; ICESCR; Public Health; Human Rights Law.
