The Sindh High Court (SHC) has directed the provincial government to submit a detailed report within a fortnight in response to a petition alleging that over 200 children of industrial workers contracted HIV and nine died due to negligence at a government hospital in Karachi. The petition, filed by Advocate Tariq Mansoor, claims that the HIV outbreak at the Kulsum Bai Valika (KBV) Hospital in the Sindh Industrial Trading Estate (SITE) area was caused by the reuse of contaminated disposable syringes and gross medical negligence.
Petition Details and Respondents
The petition names the Sindh chief secretary, Labour and Human Resources secretary, Health secretary, Sindh Employees Social Security Institution (SESSI) chairperson and commissioner, KBV Hospital medical superintendent, suspended medical superintendent Dr. Ghulam Mustufa Abro, Drug Regulatory Authority of Pakistan CEO, human rights secretary, Sindh Child Protection Authority director general, inspector general of police, and Employers Federation of Pakistan president as respondents. A letter dated March 31, submitted by the counsel and shared with The Express Tribune, notes that the outbreak initially infected 84 children between November 2025 and February 2026.
Legal Proceedings and Allegations
A division bench comprising Justice Adnanul Karim Memon and Justice Adnan Iqbal Chaudhry heard the constitutional petition under Article 199 of the Constitution, seeking enforcement of fundamental rights under Articles 4, 9, 10-A, 14, 19-A, 25, 37, and 38. The petitioner’s counsel alleged that the provincial government exercised "gross negligence and carelessness" in addressing the health emergency, with repeated use of previously used syringes leading to HIV among minors. He stated, "Nine children have died due to the HIV outbreak, while hundreds of others have reportedly contracted the virus," adding that eight months had passed since the deaths without legal action.
International Concern and Statutory Duties
The litigator noted that international organisations, including UNICEF, had expressed concern. He highlighted that the hospital caters to a large number of patients daily and owes a "statutory duty" to provide safe medical treatment. Recalling a notification issued by the Labour and Human Resources Department to the SESSI commissioner on April 14 to furnish a comprehensive report, he said, "The inquiry report has neither been submitted before the court nor made available to any other party."
Failure of Authorities
The petition states, "The respondents have failed to discharge their statutory and constitutional obligations by not conducting an independent inquiry, not registering criminal cases against those responsible, not ensuring comprehensive screening and treatment of affected patients, and not framing the rules contemplated under Section 10 of the Sindh Regulation and Control of Disposable Syringes Act, 2010." It adds, "Such inaction … amounts to arbitrary exercise of authority and infringes the fundamental rights of the affected children, their families and the public at large."
Court's Observations and Directions
Justice Memon observed that while the matter is serious, the court is bound to proceed according to established legal procedure, concluding only after receiving responses from all parties. The court directed the government to submit a detailed inquiry report within two weeks, issued notices to respondents seeking their replies, and adjourned the hearing until July 20.
