Protecting persons with HIV/ AIDS

A law to safeguard rights and prevent discrimination

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act of 2017 safeguards the human rights of people living with HIV and AIDS. The Ministry of Health and Family Welfare issued a notification to bring the Act into force from September 10.

The Act was born out of an urgent need to prevent and control the virus and syndrome. It has highlighted the necessity for effective care, support and treatment for HIV and AIDS. The Act spawns from the commitment to the global community under the Declaration of Commitment on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (2001) for enhanced coordination and intensification of national, regional and international efforts to combat the virus and syndrome in a comprehensive manner.

The statute aims to provide equal rights to persons with HIV and bring them into the mainstream. The Act gains importance as it makes it a legal obligation to protect the privacy of persons with HIV and AIDS.

The law addresses discrimination meted out to persons with HIV and AIDS. It fortifies the health and medical health-care system for them and introduces legal accountability along with formal mechanisms to inquire into complaints and redress grievances.

The Act lists various grounds on which discrimination against persons with HIV is prohibited. These include the denial, termination, discontinuation or unfair treatment with regard to employment, educational establishments, health-care services, standing for public or private office, and insurance.

The requirement for HIV testing as a pre-requisite for obtaining employment or accessing health care or education is also prohibited.

The Act provides that every HIV infected or affected person below the age of 18 years has the right to reside in a shared household. The Act prohibits any individual from publishing information or advocating feelings of hatred against HIV positive persons and those living with them. Section 37 makes such propagation of hatred punishable with a term of imprisonment which shall not be less than three months but which may extend to two years, with fine which may extend to ₹1 lakh.

As per the provisions of the Act, every person in the care and custody of the state shall have the right to HIV prevention, testing, treatment and counselling services.

Source: The Hindu, 21/09/2018

In 7 yrs, HIV cases in India dropped by 27%: UN report

New Delhi:

India has witnessed a major reduction in its AIDS burden with new HIV cases dropping by 26.6% and AIDS-related deaths declining 56.8% between 2010 and 2017 backed by sustained and focused efforts, a latest report by the United Nations says. The report warned the epidemic was growing in Pakistan and Philippines.

In India, new HIV infections dropped from 1.2 lakh 2010 to 88,000 in 2017, AIDSrelated deaths from 1.6 lakh to 69,000 and people living with HIV from 23 lakh to 21 lakh in the same time period.

In fact, India has done better than the global average in terms of improvement percentage. Globally, new infections declined by merely 18% since 2010 against a target of 75% by 2020, though deaths due to the virus have dropped by 34% during 2010-2017 with expansion of anti-retroviral therapy and increasing access to other treatment options, the report said.

“Sustained and focused efforts to reach key populations have led to major reductions in HIV infections in Cambodia, India, Myanmar, Thailand and Vietnam between 2010 and 2017. However, epidemics are expanding in Pakistan and Philippines,” the report titled ‘Miles to go -closing gaps, breaking barriers, righting injustices’ said. The report has been prepared by the joint UN Agency on AIDS (UNAIDS).

Source: Times of India, 25/07/2018