HIV/AIDS Bill: Changes proposed by the Law Ministry are agansit PLHA

[Guest guest]

28th November 2008, New Delhi: A coalition of activists and organizations

working on HIV has denounced the Law Ministry for its insensitive handling of

the HIV/AIDS Bill. Changes proposed by the Law Ministry are seen to undermine

rights of people living with HIV and go against the grain of the National AIDS

Control Programme.

The HIV/AIDS bill was drafted in 2004 after wide ranging consultations with HIV

positive people, vulnerable communities, women and childrens' groups, health

care providers, employers and trade Unions, lawyers, civil society

organizations, State AIDS Control societies and other concerned departments.

Backed by extensive research, it is one of the first bills in the history of

independent India to be prepared with the participation of affected individuals

and communities. The National AIDS Control Organisation (NACO) endorsed it after

receiving feedback from State Governments and other Ministries.

The Health Minister, Anbumani Ramadoss, has long supported the

need for such a law. In September 2007, the Ministry of Health sent the HIV/AIDS

Bill to the Ministry of Law and Justice for vetting. A year later, the Bill has

been returned with substantive changes, which, the coalition claims " *detracts

from the aims and objectives of the original proposal* " . " *By deleting large

parts of the original draft, the law ministry shows lack of respect for people's

voices and views* " said Anjali Gopalan, who has been working on HIV for over

two decades.

Criticising the Law Ministry's modifications, Anand Grover, Advocate and

Director of the Lawyers Collective HIV/AIDS Unit said - " *chapters on prevention

and treatment that form the core of the National AIDS programme have been

removed* " . Bobby Jayanta, board member of the Chennai based Indian Network of

People Living with HIV (INP+) said - " *HIV positive people have been battling

discrimination for over a decade. The Bill was a ray of hope for us and our

families, who too experience rejection. By weakening the

anti-discrimination remedies, the Law Ministry is trumping our right to live

with dignity and respect*. "

The revised bill pays scant attention to creating an enabling environment for

sex workers, injecting drug users and men having sex who are at high risk of

HIV. * " The needle exchange that I run to prevent injecting drug users from

sharing syringes and contracting HIV is under constant threat from the Police,

who interdict clients receiving clean needles.

The original Bill sought to protect my intervention but that clause has been

thrown out now* " – lamented Eldred Tellis of Sankalp Rehabilitation Trust,

Mumbai.

* " Revisions by the Law Ministry reflect their ignorance of HIV and related legal

issues* " said Ashok Row Kavi, who handles the prevention portfolio for UNAIDS.

It also smacks of prejudice, which is evidenced in their attempt to introduce

mandatory testing, identification and tracing of HIV positive persons. According

to Bobby, " a*ll of these contravene national and international ethical standards

and best practices* on HIV. " The coalition demanded an outright rejection of

the changes and called for the tabling of

the original, Health Ministry Bill in Parliament.

Raman Chawla

Lawyers Collective HIV/AIDS Unit

www.lawyerscollective.org

e-mail: <raman1322@...>