The follow up of the Dharna on the HIV/AIDS Bill and the Meeting with the law Ministry

[Guest guest]

Dear FORUM,

This is just to give updates for the forum members on the follow up of the

Dharna on the HIV/AIDS Bill and the meeting with the Minister of Law and

Justice.

The Minister gave time for three days that is 11th, 12th and 13th December 2008

for discussion and agreement on the HIV/AIDS Bill.

Representatives of Lawyers Collective and Indian Network for People living with

HIV/AIDS (INP+) are having full day meetings with the Minister of Law and

Justice for discussion and agreement on the HIV/AIDS Bill.

Yesterday, in the discussion, there were agreements and disagreements on certain

part of the bill where the team is negotiating.

The detailed updates will be given by Mr. Raman from Lawyers Collective

regarding the progress of the meeting after the 13th December 2008.

The following please find a copy of the letter we send to Hon. Minister for

Law.Mr. Hansraj Bhardwaj and list of agencies endorsed the letter.

Regards,

Celina

e-mail: <celina@...>

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To,

Mr. Hansraj Bhardwaj

Minister of Law and Justice

Ministry of Law and Justice

New Delhi

Hon'ble Minister,

We are a coalition of NGOs and community groups working on HIV/AIDS including

networks of people living with HIV and groups more at risk. We have recently

come to know that the HIV/AIDS Bill, proposed by the Ministry of Health and

Family Welfare has been returned by the Law Ministry with substantive changes.

As individuals and organizations that work closely with the National AIDS

Control Organisation and contribute to the response to HIV, we express our

displeasure at the Law Ministry's handling of the HIV/AIDS Bill and the

modifications made therein. Our concerns are as follows: -

Disregards community views and aspirations

The original Bill was drafted after extensive research and consultation with

stakeholders like people living with and affected by HIV, vulnerable

communities, women and children's' groups, health care providers, employers and

trade unions, lawyers, civil society organizations, State AIDS Control Societies

and other concerned departments. This consultative process continued from 2003

to 2006 and is well documented. The HIV/AIDS Bill 2008, therefore, is

comprehensive and reflects concerns of all stakeholders. In making changes, the

Law Ministry has ignored people's views and diluted principles of democratic

governance.

Ignores evidence and the national strategy

The HIV epidemic in India is concentrated among marginalized groups that is, sex

workers and their clients, injecting drug users and men who have sex with men.

Experience from around the world has shown that effective prevention requires

protection of rights of people living with and at risk of HIV. For example, it

is now epidemiologically proven that promotion of rights of sex workers

increases condom use and lowers new HIV infections among clients' wives.

Similarly, where HIV positive persons are assured equal access and

non-discrimination, more people come forward to receive prevention, testing and

treatment for HIV. The National AIDS Control Programme is founded on this

" rights based approach " and the HIV/AIDS Bill sought to give it a legal shape.

Unfortunately, changes proposed by the Law ministry ignore these vital lessons.

Deletion of provisions on access to treatment, risk reduction and information,

education and communication will severely weaken the National AIDS Control

Programme. Dilution of core chapters of prohibition of discrimination,

requirement of informed consent and confidentiality will deny legal protection

to people affected by HIV. Removal of provisions like Health Ombudsman, intended

to provide speedy justice and lessen the burden on judiciary, will also diminish

benefits of the Bill. Together, these omissions, nullify the aims and objectives

of the HIV/AIDS Bill.

Further, the Law Ministry has proposed new provisions such as mandatory testing,

identification and tracing of HIV positive persons in the name of " Surveillance

and Rehabilitation " . Not only do these measures infringe rights of people living

with HIV but also drive the epidemic underground, making it difficult to prevent

and control the infection. Moreover, these methods go against the grain of the

National AIDS Prevention and Control Policy, which clearly espouses a rights

based approach.

Ordinarily, the Law Ministry is expected to vet Bills of nodal ministries while

preserving the integrity and philosophy of the proposed law. In this case,

however, the Law Ministry appears to have interfered with the original Bill, in

both letter and spirit. That this has been done without discussion with the

Health Ministry and concerned stakeholders is even more unfortunate.

In the circumstances, we demand that the Law Ministry:

· Drop the changes that it has proposed

· Restore the original HIV/AIDS Bill, 2006

· Extend support to the Health Ministry in tabling the HIV/AIDS Bill in

Parliament

In Solidarity,

1. Indian Network for People Living with HIV/AIDS (INP+)

2. Allahabad Network for People living with HIV/AIDS (ANP+)

3. Azamgarh Positive Network of People Living with HIV/AIDS (AZMNP+)

4. Anugul-Anugul Swechhasevi Sangathan and Viswa Yuba Kendra (VYK)

5. Assam Network Of Positive People (ANP+)

6. Network Of positive People Manipur (NPM)

7. Nagaland Network of Positive People (NNP+)

8. ActionAid Orissa

9. APSA

10. Aneka

11. Action AIS

12. ARUNA

13. Action Aid, India

14. Banaras Network for People Living with HIV/AIDS (BNP+)

15. Bareilly Positive People Welfare Society (BRLNP+)

16. Bhilwada Network of Positve People

17. BJB College

18. Bengal Network for People Living with HIV/AIDS (BNP+)

19. CWSD, Balasore

20. Cuttack-SWAPNA, Utkal Sevak Samaj

21. Churu Network of Positve People

22. Chitore Network of Positive People

23. Council of People Living with HIV/AIDS (CPK+)

24. Chandigarh Network of People Living with HIV/AIDS (CNP+)

25. CISRS

26. Delhi Network of Positive People (DNP+)

27. Etah Positive Peoples Welfare Society (ENP+)

28. GDS

29. Gorakhpur Network for People Living with HIV/AIDS (GNP+)

30. Ganjam- Ganjam Network of Positive People

31. Gajapati Network of Positive People

32. Gujrat State Network for People Living with HIV/AIDS (GSNP+)

33. Institute of Factual Theatre Arts, Kolkata

34. India HIV/AIDS Alliance

35. ISRD

36. Khurda-ODD Foundation

37. Karnataka Network of Positive People (KNP+)

38. Keonjhar-g Sampark Committee

39. Lakshmi

40. Lucknow Network for People Living with HIV/AIDS (LNP+)

41. Lok Drusti-Nuapada

42. Lawyers Collective HIV/AIDS Unit (LCHAU)

43. MANAS Bangla, West Bengal

44. Mother Seva Pratisthan

45. Makarkheda Abhiyan

46. Milana

47. Naihati Prolife

48. Naihati

49. Nature's Club-Kendrapara

50. Nagore Network of Positve People

51. Network of Maharashra by People Living with HIV/AIDS (NMP+)

52. ODD Foundation

53. Orissa Vikalanga Manch, Orissa

54. Prantakatha, Kolkata

55. Plan India

56. Positive People's Movement

57. PAANI

58. Positive Lives Foundation (PLF)

59. Punjab Networking of Positive People (PNP+)

60. RITES- Koraput

61. RITES-Malkangiri

62. Rajasthan Network for People Living with HIV/AIDS (RNP+)

63. Sristy for Human Society, Kolkata

64. SPARSHA, Kolkata

65. Solidarity And Action Against The HIV Infection in India (SAATHII)

66. SGSH

67. Sharan Society for Service to Urban Poverty

68. Samyak Foundation

69. SMPU Padmapur-Baragarh district

70. SMPU Bolangir

71. Sadbhavana

72. Sneha Abhiyan-Jagatsinghpur

73. SHRADHA Network, Orissa

74. Sankalp Rehabilitation Trust

75. Swathi Mahila Sangha

76. St. 's Trust Andra

77. Samraksha

78. The Awareness-Sambalpur

79. Tonk Network of Positive People

80. Tamilnadu Networking People with HIV/AIDS (TNNP+)

81. TSRDS-Jajpur

82. Udaan Trust

83. Uttar Pradesh Welfare for People Living with HIV/AIDS Society (UPNP+)

84. VSO India

85. Viswa Jeevan Seva Sangha

86. VARRSA

87. Vikalp (Women's Group)

88. World Vision, India

89. World Vision-Nayagarh