Re: HIV Draft Legislation: Query

[Guest guest]

Dear Lawyers Collective HIV/AIDS Unit,

I am writing this letter for and on behalf of few MSM CBOs that work on

HIV Prevention, Care and Support of MSM PLHAs, and with Male Sex

workers.

Recently we read an article in the Asian Age on the proposed

anti-discrimination legislation on HIV that Lawyers Collective has

drafted. The article highlighted some of the key points that the

legislation is proposing to cover.

This letter is with regards to the very obvious omission in those key

points, of the recommendations made by community participants at the

consultation held by the Lawyers Collective in New Delhi, pertaining

primarily to recommended changes in the ITPA, Indian Penal Code section

377, and the NDPS Act.

Would you please clarify if those recommendations pertaining to

decriminalisation of homosexuality and commercial sex work, as also the

humanising of NDPS act have been reflected in the draft legislation or

not.

We understand that the article in the Asian Age may not have picked up

on these points in the draft legislation even if they have been

included, but we are equally concerned that the recommendations made by

the community may not have made it in the final draft in view of the

candidly expressed dilemma that Lawyers Collective spoke of at the

meeting in New Delhi, namely that it is having to do a fine balancing

act between what is achievable and what is desired while drafting the

legislation.

It would also be helpful if the final draft is circulated in the public

lists for a wider scrutiny by members of the concerned public.

Thank you and best regards

Aditya Bondyopadhyay

E-mail: <adit@...>