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UPDATE - Draft Legislation on HIV/AIDS (India)

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Dear friends,

We write to update you on the draft legislation on HIV/AIDS.

The draft legislation process commenced in 2002 with the convening of an

advisory working group on the draft legislation on HIV/AIDS which comprised

civil society and government. The process over the past three years has

involved detailed research into national and international laws, polices and

cases, and national and regional level consultations across the country held

from September 2003 to November 2004. The consultations were really the

cornerstone of the draft legislation process; a process in which many of you

have been involved through your active participation at the consultations

held across the country and through your continuing interest and support.

The feedback and critical inputs from the consultation process have resulted

in a draft law that reflects and addresses the reality of the epidemic in

India and that creates a strategy to tackle the HIV epidemic where every

person is a stakeholder, every voice is included and no one is left behind.

The ‘HIV/AIDS Bill 2005’ was finalised and presented to NACO in August 2005.

Briefly the Bill addresses discrimination, informed consent,

confidentiality, safe working environment, access to treatment, risk

reduction, IEC and special provisions for women and children while also

providing effective and innovative avenues for grievance redressal and

implementation. A copy of the draft law is available at

http://www.lawyerscollective.org/updates/HIVAIDS-bill-2005.

At present, the Bill is being considered by NACO and the health ministry.

Dr. Anbumani Ramadoss, Minister for Health and Family Welfare as well as Ms.

K. Sujatha Rao, AS & DG, NACO have both expressed their support for the Bill

and have indicated that they will introduce it at the earliest. To this end,

it is crucial that you write to NACO, the health ministry and the PMO urging

the introduction of the Bill in this session of Parliament.

For a detailed write up on the draft legislation process, the consultations

and an overview of the provisions of the Bill, please refer to the following

url:

http://www.lawyerscollective.org/lc_hivaids/publications/newsletters/newslet

ter_20.pdf?Menu=1

In solidarity,

Kajal Bhardwaj

Lawyers Collective HIV/AIDS Unit

1st Floor, 63/2, Masjid Road,

Jangpura,

New Delhi - 110 014

Phone -91-11-24377101, 24377102, 24372237

Fax - 91-11-24372236

e-mail - aidslaw1@...

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