A crucial bill to ensure equal rights to people afflicted by HIV and AIDS in getting treatment, admission in educational institutions and jobs, was passed by the Rajya Sabha on Tuesday.
The Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) (Prevention and Control) Bill, 2014, moved by Health Minister JP Nadda, was passed in the Upper House by a voice vote.
During the debate on the measure, many members suggested amending Section 14(1) of the bill to remove the phrase "as far as possible" for providing medical treatment by the Centre and the states to those infected with HIV and AIDS.
The section reads:
The measures to be taken by the Central or State Governments under Sector 13 shall include measures for providing as far as possible, anti-retroviral therapy and opportunistic management to people living with HIV or AIDS.
In reply to this, Nadda said that there will be a provision in the rules to provide justification for denying treatment to the patients and that “India will treat anyone with HIV and AIDS”.
Proposals in the Bill
- Regarding concern over insufficient allocation for the National AIDS Control Programme, a sum of Rs 2,000 crore has been allocated for 2017 and there is no question of reducing funds for this central scheme.
- The bill provides for the appointment of one or more ombudsman in every state, for which the central government will circulate uniform guidelines.
- Health institutions with 20 or more employees where infection is high will have to appoint an ombudsman, down from 100 or more earlier.
- The bill provides for informed consent and confidentiality with regard to patients’ treatment, places obligations on establishments to safeguard their rights, and creates mechanisms for redressing their complaints.
- There is a penalty to the tune of Rs 1 lakh for breach of confidentiality of the patients detail.
- The bill says it is important for high-risk groups to access items and services such as treatment of sexually transmitted infections, HIV testing, condoms, clean needles and syringes to prevent HIV transmission to the general public.
- It also states that it is necessary to address the issue of stigma faced by those infected by HIV and AIDS, to ensure confidentiality and privacy while providing HIV and AIDS-related services and recognise the need to safeguard the rights of these patients in both private and public firms.
The bill was introduced in the Upper House in 2014 and then referred to the Parliamentary Standing Committee, which gave its report in 2015.
India at present is estimated to have 2.39 million people living with HIV/AIDS, the third highest number after South Africa and Nigeria.
Currently, HIV is more prevalent in high-risk groups like female sex workers, homosexuals and injecting drug users.
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