HIV / AIDS Bill: Key Features

In the month of March 2017, the HIV/AIDS Bill, 2014 was passed by the Parliament. The Bill is aimed at safeguarding the rights of the people infected by HIV/AIDS and also ensures their proper access to healthcare facilities. This legislation is yet another step forward towards health rights movement.

Features of the Bill

The key features of this bill are as follows:

Prevention of HIV-related Discrimination

The Bill seeks to address the problem of discrimination that is faced by the HIV positive persons in various places on various grounds. It prevents denial, termination, discontinuation or unfair treatment with regard to people affected by HIV with respect to the following services:

1. Employment
2. Educational establishment
3. Residing or renting property
4. Standing for public or private office
5. Health care services
6. Provision for insurance also made.

The Bill seeks to prohibit any form of testing for HIV in employment, health care services and education. The Bill penalizes persons trying to publish information that incites hatred against the affected persons

Staying in shared household

The Bill gives a right to the HIV positive persons below the age of 18 years to reside in a shared household and enjoy the facilities in that household.

Guardianship of HIV positive persons

Any person who is between the age group of 12 to 18 years and has the maturity to understand and manage the affairs of the HIV/AIDS family is considered competent to act as a guardian for the sibling who is a minor.

Right to privacy

The Bill secures the right to privacy of the HIV positive persons. It provides that no HIV positive person shall be compelled to disclose the HIV status, the two exceptions being: (1) by informed consent or (2) by necessity. The need for informed consent can be done away with in case of the following situations:

• Donating blood to a licensed blood bank
• Court order
• Medical or epidemiological measures

The government organizations entrusted with the job of maintaining a database of HIV positive persons are required to adopt strong data protection measures.

Role of Central and state governments

The Bill gives the following responsibilities to the Central and state governments:

• Preventing the spread of the disease
• Providing facilities for anti-retroviral therapy and infection management to the HIV positive persons
• Facilitating the access to healthcare services with special preference to women and children
• Formulating education programmes for HIV that are age sensitive, gender sensitive and non-stigmatizing.
• Formulating guidelines for treatment of children.

Provision for Ombudsman

There is also a provision for ombudsman in the Bill. The person is to be appointed by the state government to make an inquiry into the complaints made of the violation of the Act and the healthcare services. He is also required to submit a report to the state government in every six months regarding the number and nature of complaints received, actions taken or orders passed.

Quick remedy

The Bill seeks to provide a quick remedy to the aggrieved persons suffering from HIV. The courts are to dispose cases of HIV positive on a priority basis. The Court can pass orders for the conduction of proceedings in the following manner:

• By suppressing the identity of the persons
• By camera
• By restraining any person willing to publish the information about an HIV positive person

If a matter relates to the maintenance of a person the Court shall also take into account the medical expenses incurred for that person.

Review of the Bill

The Bill seeks to recognize the rights and provide relief to a population of 21 lakh Indians suffering from HIV. The Bill provides for insurance that is to be tackled by the state government. The data of 2015 has shown that two-thirds of the cases are confined to only seven states. In such a situation, state initiative in insurance is the best measure to be adopted. Further, the provision for public funding of the insurance for such care seekers emphasizes public participation in curbing such epidemics, prevalent in the West. The role of ombudsman increases accountability of the states. In another positive measure, the Supreme Court has also ruled that patent extensions on frivolous grounds like on generic drugs shall not be provided.

Loopholes in the Bill

But the Bill has been highly criticized, especially by the HIV positive persons as not addressing the main needs of the targeted group. Some of the main criticisms are:

• The Bill does not guarantee an access to the anti-retroviral drugs or the other injection programmes and mainly focuses on prevention rather than treatment. No right to access treatment has been specifically conferred, only a responsibility has been put on the state to provide facilities.
• Although provision for ombudsman has been made, there is no emphasis on the number of persons to be appointed and a reasonable time limit within which such complaint is to be adjudged. This was in fact the recommendation of the Standing Committee on Health and Family Welfare.

Conclusion

Although the Bill has received some major criticisms, it has the potential to make some major gains. A bit more of political commitment and public participation can help stop this major epidemic. The Goal 3 of UN Sustainable Development Goals that seeks to end the epidemic of AIDS by 2030 can be addressed through a bit more of positive effort.