Policy, legal framework on HIV/AIDS soon

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An interesting old news !!! (01-2000)Moderator.

Online edition of India's National NewspaperFriday, December 01, 2000

Policy, legal framework on HIV/AIDS soon: Expert By Padmini Sitaraman

BANGALORE, NOV. 30. The country is likely to have a policy and legal

framework on HIV/AIDS by July 2001. When asked by the National AIDS

Control Organisation (NACO) and UNDP to assist the Union Government

in formulating a policy and structuring a legal framework for

HIV/AIDS, The Institute of Law and Ethics in Medicine (TILEM) of the

National Law School of India University (NLSIU) took up the task. The

objective of the legal framework is to suggest measures to arrest

further spread of the HIV virus and to protect the interest

of " People Living with HIV/AIDS " (PLWHAs) and of those affected by

it.

The process involves a three-pronged strategy: stakeholders'

consultation, collecting empirical and objectively verifiable data,

and a mapping exercise. " We sincerely hope that this approach will

mark a new beginning. Looking at some of the successful global

initiatives, we are convinced that this is the need of the hour, "

said Dr. S.V.Joga Rao, Chairperson of TILEM's HIV/AIDS Project. Dr.

Rao, who is an additional professor in the NLSIU, has been working on

the issue of HIV/AIDS for the past nine years. Optimistic about the

project, he says that its consultative processes will deepen social

understanding, facilitate the law's sensitivity to people's needs and

also enhance the levels of social acceptability and receptivity. The

suggested strategies shared the underlying premise of a law- making

process, namely that of pertinence to the cultural contexts and

sensitivity to the concerns of the people.

In an interview with THE HINDU, he spoke of the extent of the spread

of HIV/AIDS and the legal, ethical and human rights concerns. In

respect of the three-pronged strategy, Mr. Rao said the

`stakeholders' consultations aimed at eliciting views from identified

groups such as doctors, health professionals, paramedics, hospital

administrators, judges, lawyers, commercial sex workers, NGOs,

PLWHAs', street children, students, media personnel, police and

prison authorities, prisoners, women, legislators, policy-makers,

State AIDS prevention societies and sexual minorities. The

methodology explicity targetted dissemination of relevant updates

about HIV and its spread; discriminatory practices which PLWHAs were

being subjected to; and finally why legal, ethical and human rights

concerns were of significance. The process of collecting empirical

data aimed at bringing out the vulnerable factors in diverse social

contexts. Lastly, About the mapping exercise, he said even if there

was a policy and law relating to HIV/AIDS, there was a need to set

out clearly and comprehensively the legal reform agenda. When asked

if there was any policy and legal framework relating to HIV/AIDS in

India, he said as of now, there was no codified law exclusively

applicable to HIV/AIDS. NACO had formulated a policy pertaining to

it.

In 1989, the Union Government had mooted an AIDS Prevention Bill,

which was never pursued. Again, at the State level, both in Karnataka

and Maharashtra in 1998, HIV Prevention Bills were tabled without

success. Regarding the spread of HIV/AIDS, he said epidemiological

findings revealed that there were 34.3 million people living with

HIV/AIDS in the world. As many as 24.5 million of them lived in sub-

Saharan Africa, followed by 5.6 million in South and South- East

Asia. As of July 2000, it was estimated that 3.6 million were living

with HIV/AIDS in India. In Karnataka, until July 2000, a total

4,27,098 samples were tested for HIV, of which 7,051 were found to be

positive.

At a fundamental level, the spread of HIV was attributed only to

human behaviour. In case of other diseases, the spread was beyond

human control. In addition, AIDS was incurable and because of its

unabated spread, societal response was more of a panic reaction.

Hence, effective and appropriate preventive or interventionist

measures required legal sanction as that was the only way to protect

and promote society's interest, Dr. Rao said adding that care and

support for PLWHAs was a serious concern. This meant providing

shelter, emotional succour, drugs and treatment. There were

retroviral drugs which provided relief to PLWHAs, but they were not

affordable.

http://www.hinduonnet.com/thehindu/2000/12/01/stories/0401402y.htm