New bill makes bias against HIV+ an offence

With a draft law seeking to protect the interests of persons with HIV and AIDS getting approved by the Cabinet on Wednesday, bias against AIDS patients will land the offenders in jail.

Aiming to create a strong deterrent against “stigma and discrimination” that marginalises people infected and vulnerable to HIV, the draft law enables people living with HIV to seek legal course against person or institution perpetrating discrimination.

“The bill aims to address the stigma and discrimination and will help create an enabling environment by safeguarding the rights of people living with HIV and those affected with HIV,” Union health minister J.P. Nadda said.

As per the approved amendments to The HIV and AIDS Bill, 2014, those discriminating against people living with or affected with HIV will get a minimum of three months and a maximum of two years imprisonment and have to cough up a fine of up to Rs 1 lakh. “The new law invites fine and imprisonment for propagation of HIV-related hatred and discrimination or physical violence. For the breach of confidentiality in legal proceedings, there is a fine that may extend to Rs 1 lakh too,” C.K. Mishra, Union health secretary said.

The bill also makes it mandatory for the state and the Central governments to provide Antiretroviral therapy (ART) “as far as possible” and welfare schemes for HIV-affected people. The bill also calls for having an informed consent as a pre-requisite for HIV testing and states that every person who is in the custody of the state has the right to HIV prevention, counselling, testing and treatment. “This further gives the person a right to take a legal course even against the government on denial of treatment,” a senior official said.

The bill lists various grounds on which discrimination against HIV positive persons and those living with them will be prohibited including denial, termination, discontinuation or unfair treatment with regard to employment, educational establishments, health care services, residing or renting property, amongst others.

Under the proposed bill, organisations with 100 employees must have a complaint officer to look into the grivances of the persons with HIV and AIDs, while every state has been mandated to have an ombudsman who will look into the violations under this Act once it has been passed.

Under the proposed law, the insurance companies cannot discriminate against an HIV positive person and deny them the facility of an insurance.

Drafted in 2006, the HIV/AIDS bill has been revised several times and was introduced in Rajya Sabha on February 2014. In February 2016 after going through the legal vetting and after incorporating recommendations of the standing committee and the ministries, the cabinet note was sent. In march 2016, the PM advised the draft bill to be placed before the Group of Ministers. So far, 124 countries have legislation, 112 countries legally protect vulnerable groups and in 60 countries it is a crime to expose another person to HIV or transmit it.