The Union Cabinet under the Chairmanship
of Prime Minister Shri Narendra Modi has given its approval to introduce
official amendments to the HIV and AIDS (Prevention and Control) Bill, 2014.
The HIV and AIDS Bill, 2014 has been drafted to
safeguard the rights of people living with HIV and affected by HIV. The
provisions of the Bill seek to address HIV-related discrimination, strengthen
the existing programme by bringing in legal accountability and establish formal
mechanisms for inquiring into complaints and redressing grievances. The Bill
seeks to prevent and control the spread of HIV and AIDS, prohibits
discrimination against persons with HIV and AIDS, provides for informed consent
and confidentiality with regard to their treatment, places obligations on
establishments to safeguard rights of persons living with HIV arid create
mechanisms for redressing complaints. The Bill also aims to enhance access to
health care services by ensuring informed consent and confidentiality for
HIV-related testing, treatment and clinical research.
The Bill lists various grounds on which
discrimination against HIV positive persons and those living with them is
prohibited. These include the denial, termination, discontinuation or unfair
treatment with regard to:
(i)
employment,
(ii)
educational
establishments,
(iii) health
care services,
(iv) residing
or renting property,
(v)
standing
for public or private office, and
(vi) provision
of insurance (unless based on actuarial studies). The requirement for HIV
testing as a pre-requisite for obtaining employment or accessing health care or
education is also prohibited.
Every HIV infected or affected person below the age
of 18 years has the right to reside in a shared household and enjoy the
facilities of the household. The Bill also prohibits any individual from
publishing information or advocating feelings of hatred against HIV positive
persons and those living with them. The Bill also provides for Guardianship for
minors. A person between the age of 12 to 18 years who has sufficient maturity
in understanding and managing the affairs of his HIV or AIDS affected family
shall be competent to act as a guardian of another sibling below 18 years of
age to be applicable in the matters relating to admission to educational
establishments, operating bank accounts, managing property, care and treatment,
amongst others.
The Bill requires that "No person shall be
compelled to disclose his HIV status except with his informed consent, and if
required by a court order". Establishments keeping records of information
of HIV positive persons shall adopt data protection measures. According to the
Bill, the Central and State governments shall take measures to:
(i)
prevent
the spread of HIV or AIDS,
(ii)
provide
anti-retroviral therapy and infection management for persons with HIV or AIDS,
(iii)
facilitate
their access to welfare schemes especially for women and children,
(iv)
formulate
HIV or AIDS education communication programmes that are age appropriate, gender
sensitive, and non-stigmatizing, and
(v)
lay
guidelines for the care and treatment of children with HIV or AIDS. Every
person in the care and custody of the state shall have right to HIV prevention,
testing, treatment and counseling services. The Bill suggest that cases
relating to HIV positive persons shall be disposed' off by the court on a
priority basis and duly ensuring the confidentiality.
There are no financial implications of the Bill.
Most of the activities are being already undertaken or can be integrated within
the existing systems of various Ministries under training, communication and data
management, etc. The Bill makes provision for appointment of an ombudsman by
State Governments to inquire into complaints related to the violation of the
Act and penal actions in case of non-compliance. The Ombudsman need not be a
separate entity, but any existing State Government functionary can be deputed
or given additional charge.
There are approximately 21 lakh persons estimated to
be living with HIV in India. Even though the prevalence of HIV is decreasing
over the last decade, the Bill would provide essential support to National AIDS
Control Programme in arresting new infections and thereby achieving the target
of "Ending the epidemic by 2030" according to Sustainable Development
Goals.
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AKT/VBA/SH