Those found guilty of discriminating an HIV/AIDS-afflicted person on any ground including denial or termination of job could face a stiff punishment of two years jail or fine up to Rs 1 lakh or both.
The far-reaching provision in the draft Bill of the HIV-AIDS (Prevention & Control) Bill that was sent to the Cabinet on Wednesday by the Health Ministry may cheer up people living with the HIV/AIDS (PlHIV) and activists but what is likely to disappoint them is that it does not promise any free treatment to the afflicted person as a statutory right.
For long, activists have been seeking free treatment for the PlHIV under the law citing UN reports that if an HIV-positive person adhered to an effective ARV therapy regimen, the risk of transmitting the virus to an uninfected sexual partner could be reduced by as much as 96 per cent. They said that though the first line treatment is presently being provided free of cost by the Government, availability of second line is not sufficient. The law would have made it mandatory for the Government to provide the treatment, diagnostics and nutritional supplements to all the HIV/AIDS afflicted people free of cost.
But the cash-starved Government has decided to look the other way in the matter.” The draft Bill was finalised by the Health Ministry way back in July 2006. But now since it has been sent to Cabinet we hope that it will be tabled in Parliament in its forthcoming session,” said Raman Chawla from Human Rights law Network.
On the provision for the punishment to be delivered by the first class magistrate in the draft Bill prepared by the Department of AIDS Control (NACO), a senior health official said that any person can move the Health Ombudsman or the court in case he/she is refused entry to public places or jobs. The Health Ombudsman will be a quasi-judicial authority empowered to address violations of any provision in relation to healthcare services and to pass orders to dispose of complaints in every district.
He added that draft also protects right of HIV-afflicted minor children and women of any age by ensuring them a legal right to live in a share property as a safeguard against eviction due to stigma. Among other features, draft also asserts that no person can be forced to take an HIV test and health status of an HIV positive person cannot be revealed.