Re: Amendment of the Disability Act,/ Is HIV infection a disability?

November 25, 2007

Dear FORUM,

Government is India has initiated stakeholder consultation on making Amendments

to the Disability Act of 1995. AIDS INDIA e FORM (AIeF) has flagged the

discussion about the possibility of including HIV infection as a disability?

Disability has various meaning. The legal definition of disability often

precisely applicable only to certain situations. In general, disability is a

physical or mental incapacity, either congenital or resulting from an injury or

illness etc. A discussion about the relevance and need to include HIV or AIDS as

a disability in the legal sense is relevant and timely.

Thanks to Dr. Deepak in presenting his views on why HIV infection should not

be considered as a disability. Further comments and opinions are welcome

[Editor. AIeF]

Dear Moderator,

I am sorry to strike a contrary note. For an HIV infected person to also claim

the limited benefits that are allotted in the national budget for those

currently covered under the Disability Act i.e. people with physical

disabilities like amputees, spastics, the blind, the deaf or children with

learning disabilities etc appears to me to be against the principles of social

justice.

I would quote from the references you enclose: " Indeed, in passing the ADA,

Congress stated that " a person infected with

[HIV] is covered " under the ADA " because of a substantial limitation to

procreation and intimate sexual relationships. " S. Rep. No. 116, 101st Cong.,

1st Sess. 22 (1989). "

I do believe that to equate " the inability to procreate or have intimate sexual

relationships " with the struggle that an autistic child or a paraplegic or a

blind person has to undergo, is not quite just.

I leave it to your conscience to judge this. After all there are many more

disadvantaged and afflicted segments than those living with asymptomatic HIV and

if we are going to share and divide the meagre budgetary resources which the

government has alloted to the former , then the entire struggle for self

reliance and dignity of PLWHA seems to have been wasted.

Sincerely,

Deepak Batura

E-MAIL: <d_batura@...>

Recommended Posts