Indian law and HIV / AIDS patients
Introduction
One of the main problems facing our country is HIV / AIDS. In India, about three million people are currently suffering from this epidemic. The disease cannot be completely cured, but there are certain measures that can be taken to prevent it. Parliament has passed various laws to improve the HIV community, but people suffering from this disease still face discrimination in the workplace and are looking for in the community. Despite bold initiatives and good intentions, reliable promises and campaign slogans, this is an epidemic.
This article is a scenario / legal status of a help community whose members are reluctant to be drawn from every segment of society.
What is aids?
Acquired immune deficiency syndrome (AIDS) is the destruction of the immune system. This is the final stage of HIV infection, when serious damage is caused to the immune system and leads to fatal infections. In South Africa, the largest population of HIV-positive people, than any other country in the world, is 5.9 million people. Only 2/3 of HIV-related deaths occur in Africa, and almost 3 quarters of young people living with this disease live. Primary HIV transmission is associated with sexual intervention, transfer of infected blood, the use of non-sterile syringes and from an infected mother to her fetus.
International AIDS Society
IAS was founded in 1988 and is the largest association of HIV professionals in the world, comprising 180 countries. IFRS members include community practitioners, doctors, planners and policy planners, as well as public health and researchers.
International conventions
With regard to HIV / AIDS, in order to protect the rights of those who suffer from HIV / AIDS, those affected by it and those who are vulnerable to it, India has signed a number of treaties, declarations and agreements. The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights are the two main conventions that are strictly aimed at fair and unbiased treatment of those who suffer from HIV.
Article 25 (1) of the UN Declaration on Human Rights establishes certain rights that give HIV-positive results a standard of adequate living, medical care, assistance and necessary and other important / necessary social services.
Legal provisions for HIV positive in Indian laws
There is no law in India that addresses all or almost all aspects or elements of HIV / AIDS and protects HIV-positive people from social discrimination and increases the sign of shame associated with this epidemic. Patients with HIV / AIDS are entitled to equality of treatment by virtue of Article 14 of the Constitution of India. Similarly, Articles 15, 16, and 21 protect HIV-positive people from discrimination and grant them the right to life and personal liberty, including their right to privacy. The state seeks to ensure that all citizens, including HIV-positive, receive a livelihood that is satisfactory or acceptable in quality or quantity. The state is also obliged to provide objective and tolerable working conditions.
Article 47 of the Indian Constitution places the responsibility on the state to improve the health status in its territory.
The 2014 HIV / AIDS Prevention and Control Bill
The HIV / AIDS Bill is the collective inventiveness of civil society and government. The draft law specifically contradicts unfair or biased behavior in relation to patients with HIV / AIDS in both private and public sphere of activity / interest in issues of education, health care, insurance, property and accommodation, employment and travel, etc. All actions or inaction which, in reality, or are perceived as unfair, are included in the scope of this Law.
The furniture needed for testing for HIV must be defined, free and informed. It also ensures that a person’s HIV status will remain privileged, as well as provide exceptions for which information may be disclosed. It also undermines the duty of the patient with HIV / AIDS to prevent the transmission of the HIV virus in various ways. Patients with HIV / AIDS received universal and free access to comprehensive treatment of HIV / AIDS, as well as to its prevention, care and support. The focus of the bill is on young people and women. This implies the obligation of the state to designate IEC programs, which are based on proven, age-sensitive sensitivity that is not considered shameful and non-discriminatory.
Provision is made for the appointment of health ombudsmen in each district. The bill also provides for provisions on internal complaint mechanisms. The vulnerability of children, women and other persons to the epidemic, who are in state custody, due to various social, economic and other factors, is recognized in the draft law and therefore they are granted certain rights. Another important feature of the bill is the recognition of the link between HIV and sexual violence and the provision of counseling.
Human immunodeficiency virus and acquired immunodeficiency syndrome (prevention and control), 2010
The primary task or coordinator of this act is to protect HIV-positive discrimination. This Act provides for the punishment and punishment of any discriminatory act against HIV-positive. Dissemination or publication of any information that may spread hatred of HIV-positives is punishable in accordance with this Law.
The bill prohibits any organization from conducting an HIV test as a prerequisite if a person has applied for employment or has access to medical care, public places or, if it comes to that, education. In addition, the bill prohibits any organization from rejecting any HIV-positive, unless there is a written assessment from a qualified medical professional that a particular person presents a risk of transmission of the disease.
The precautionary measures provided for in the law provide that people under the age of 18 and women of any age can be convinced that they have the right to live in common property.
The bill strictly prohibits the conduct of strong HIV tests for any person. Informed consent of the person is obligatory. The test should be conducted after a thorough study of the pros and cons of the test. A patient with HIV / AIDS cannot be treated without his consent.
The rights of patients with HIV / AIDS
The rights of patients with HIV / AIDS granted by Indian laws are as follows:
1. The right to treatment
People suffering from HIV / AIDS have equal rights to treatment, like any other person suffering from any other disease. Their right to treatment and proper care cannot be lost because of their HIV-positive status. Any denial of proper treatment and proper care for HIV-positive people will constitute an act of discrimination. The Supreme Court of India has issued various guidelines on the free cost of treating HIV / AIDS to those who need it.
The issue in which the petition was filed by the husband of a pregnant woman infected with HIV because she was denied proper treatment from the hospital, the Delhi High Court provided strict conditions in the hospital for proper treatment and protection of the health and life of both the mother and her fetus. Instructions on the appointment of blood from authorized blood banks, as necessary, were also provided by the court.
2. Confidentiality
Anyone who is different in having HIV / AIDS has the right to keep their HIV / AIDS status private. There are a number of funds in which the courts have given jurisdiction in favor of HIV-positive. They are allowed to use pen names in court to hide their identities.
Supreme Court Mr X v. Hospital Z has confiscated that anyone who suffers from this epidemic deserves full sympathy and respect, like any other person. Denial of employment for HIV-infected people is unfair and illegal. In addition, it was recognized that, despite the fact that the patient’s right to maintain the confidentiality of HIV infection, the right to confidentiality can be applied in situations where the patient is at risk of transmitting the disease to his spouse.
3. The right to discrimination and the right to employment
HIV-positive people, like any other Indian citizen, have the right to an unjust and biased attitude. They should not be denied employment and cannot be dismissed from their current job on the grounds that they are HIV / AIDS patients.
Other reserves
In addition to the legislation and the various laws mentioned above, there are some other provisions enshrined in Indian laws. The Constitution of India guarantees HIV-infected patients the right to equality in Article 14, as well as the right to life and liberty in Article 21. Some of the notable laws are: the Indian Medical Council Act of 1956, the Amoral Prevention Act of 1986. The National AIDS Control Organization issued a series of guidelines against prior assessment of employees suspected of HIV.
Suggestions / Recommendations
1. The government should enforce legislation that specifically bans and punishes these public and private firms or organizations or offices that have been found to exhibit discriminatory behavior towards HIV / AIDS patients. He must present serious penalties if any firm is proven in relation to allegations of discrimination against HIV-positive.
2. Campaigns aimed at disseminating information about the rights of HIV-positive people should be appointed by the government from time to time. Various private communities and non-governmental organizations should also be encouraged to participate in the campaign and contact people who are less literate or live in remote areas.
3. The national action plan is the current need for HIV-positive status in India. Laws could be formed, legislation could be enacted, but still there is a sense of untouchability among people for HIV-positives.
Conclusion
People living with and associated with HIV / AIDS must understand the link between human rights and HIV / AIDS. Merely confirming HIV / AIDS prevention programs and policies is not enough. Further implementation of such a policy is necessary. Awareness of discrimination against HIV-positive people is the destruction of the main feature of the Constitution, that is, violation of Article 14 of the Constitution of India. It is time to stop treating HIV-positive people as untouchables and start sympathizing with them. The extreme need of society is for people to be perceived opinion about the HIV community.
Only politics cannot work to improve them if society itself is a victim of the feudal mentality.
