Why in news?
The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act came into force recently.
How does it evolve?
- India has the third largest HIV-infected population with an estimated 2 million people.
- The country aims to decrease new infections by 75% between 2010 and 2020 and eliminate AIDS by 2030.
- India is a signatory to the Declaration of Commitment on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (2001).
- The Declaration aims to secure a global commitment to enhancing coordination and intensification of national, regional and international efforts to combat it in a comprehensive manner.
- The act makes it a legal obligation to protect the privacy of persons with HIV and AIDS.
What are the provisions?
- Prohibition - The Act lists various grounds on which discrimination against persons with HIV is prohibited.
- These include the denial or discontinuation with regard to employment, educational establishments, health-care services, standing for public or private office and insurance.
- It removes HIV testing as a pre-requisite for obtaining employment or accessing health care or education.
- Right to reside - It prohibits isolation of segregation of an HIV-positive person.
- Every HIV-positive person, especially minors, has the right to reside in a shared household and use facilities in a non-discriminatory manner.
- It also bars individuals from publishing information or advocating feelings of hatred against HIV positive persons and those living with them.
- Consent - No HIV-affected person can be subject to medical treatment, medical interventions or research without informed consent.
- However, informed consent does not include screening by licensed blood banks and medical research that are not meant to determine the said person’s HIV status.
- No HIV positive woman, who is pregnant, can be subjected to sterilisation or abortion without her consent.
- Disclosure - No person is compelled to disclose his HIV status except by an order of the court.
- A breach of violation attracts a jail sentence of up to two years or a fine of up to Rs 1 lakh, or both.
- Obligation - Every establishment is obligated to keep HIV-related information protected.
- The state and Centre must make anti-retroviral therapy and opportunistic infection management available to all HIV-infected people, and ensure wide dissemination of the same.
- Every HIV-positive person is compelled to take reasonable precautions to prevent the transmission of HIV to other persons.
- Enquiry - Every state has to appoint one or more Ombudsmen to inquire into violations of the provisions of the Act.
- Failing to comply with the orders of the Ombudsman attracts a penalty of up to Rs 10,000.
- Also, any court cases involving an individual affected with HIV/AIDS is subject to strict protection of individual identity.
- This includes restricting cameras in courtrooms if needed.
What is the way forward?
- NACO’s method of procurement and its supply chain for the drugs have weakened India’s HIV control programme in the previous years due to several instances of stock-outs of antiretroviral drugs.
- Hence timely procurement of the drugs plays a major role.
- Also, the number of testing facilities needs to be increased to diagnose and treat as soon as possible.
- Proper implementation of this Act should be done to keep HIV/AIDS-affected persons from facing unnecessary bias.
Source: The Hindu, The Indian Express
