National Protection Protocol for HIV infected and affected citizens

[Guest guest]

Dear FORUM,

On the occasion of World AIDS Day 2006, the National Legal Services Authority,

in collaboration with the Human Rights Law Network, organized a Process

Initiative for Development of National Protection Protocol for HIV infected and

affected citizens.

The proposed protocol will highlight the safety and protection mechanisms for

the welfare of the affected citizens and includes the role of the judiciary for

redressal of grievances pertaining to legal and human rights violations, and for

the provision of competent free legal aid for the positive community.

Members of the judiciary who were present at this forum included Hon’ble Mr.

Justice K.G. Balakrishnan from the Supreme Court of India, Hon’ble Mr. Justice

M.K. Sharma, Chief Justice of the Delhi High Court, Hon’ble Mr. Justice Mukul

Mudgal, from the Delhi High Court, Hon’ble Mr. Justice S.R. Bhat from the Delhi

High Court, and Hon’ble Mr. Justice S. Murlidhar also from the Delhi High Court.

The program was attended by members and representatives of various positive

networks and groups throughout the country. Among them were Ms. P. Kousalya,

President of the Positive Women’s Network, Loon Gangte, President of the Delhi

Network of Positive People, Mr. Francis, President of Love Life Society, Ms

Daisy from INP+, and Mike Tonsing from DNP+.

The event facilitated a Judiciary – PLWHA interface and provided a platform for

a dialogue on the issues of legal aid for the positive people, the problems in

accessing legal aid, and the mechanisms that should be initiated to increase

access and availability of legal aid to the positive community.

In this session, many pertinent issues were raised - Section 377 and the

judiciary’s role. The Transgender community demanded the inclusion of a suitable

option for status of gender, and no discrimination at hospitals and work. The

patents issue was raised to which the judiciary responded that this particular

issue did not fall within their purview and was a matter to be taken before the

legislators. The positive community asked for free and active legal aid in the

district and taluk levels.

An important demand made by the positive community was the involvement of the

judiciary in the NACP III program. The judiciary responded that they could not

be involved in policy making and legislating and that they are available for the

implementation and problems arising out of the policies and programs entered

into by the Government.

A similar response was provided in answer to their question on the judiciary’s

opinion on the HIV Bill. The judiciary said they couldn’t comment on the draft

bill, especially as they are sitting judges on the matter. However they

encouraged the community to question the provisions and make their opinions

heard at the legislative forum.

For the detailed report of the event, please visit our website www.hrln.org

HRLN - HIV/AIDS and the Law Initiative

576 Masjid Road, Jangpura

New Delhi 110014

E-MAIL: <hri.delhi@...>