Aparliamentary panel has recommended that HIV patients who are denied rights in employment, education, travel and insurance, in both public as well as private sectors, too should have legal recourse by approaching the Ombudsman under the new proposed HIV Bill. Presently, under the HIV-AIDS (Prevention and Control) Bill, 2014 complaints to the Ombudsman can be made only in case the violation relates to health care services.
The proposed Bill says, "The Ombudsman shall, upon a complaint made by any person, enquire into the violations of the provisions of this Act, in relation to healthcare services by any person, in such manner as may be prescribed by the State Government." However, the panel led by Rajya Sabha member from the BSP, Brajesh Pathak, took note of the fact that this 'sub-clause' brings only healthcare services under the purview of the ombudsman.
"The Committee felt that all other acts of discrimination as stipulated under clause 3 should also be brought under the purview of the ombudsman. The Committee, accordingly, recommends that the words "acts of discrimination as stipulated under Section 3 and providing of" may be added after the words "in relation to"," said the panel in its report tabled in the Rajya Sabha on Wednesday.
The clause 3 specifies in details about 'prohibition of certain acts' saying that no person shall discriminate against the HIV person on any ground whether it is related to employment, education, behavior or causing hatred among various others. The bill proposes a fine up to Rs10,000 and two years' imprisonment as punishment for spreading hatred against people with HIV/AIDS. It also aims to enhance access to health care services by ensuring informed consent and confidentiality for HIV-related testing, treatment and clinical research.