Bill to protect rights of HIV and AIDS patients passed in Rajya Sabha

Under the Bill, central and state governments are obliged to provide for anti-retroviral therapy (ART) and management of opportunistic infections (infections that take advantage of weakness in the immune system and occur frequently). The protection mandated in the Bill extends to the fields of employment, healthcare services, educational services, public facilities, property rights, holding public office, and insurance.

The Bill also bears a lot of significance in terms of giving protection such people from specific acts of discrimination by the state, or any other person. Though the Bill was initially introduced in the Parliament by the UPA government, the amendments to the HIV and AIDS (Prevention and Control) Bill, 2014 were revived by the Modi government in July last year.

The Bill makes anti-retroviral treatment a legal right for all HIV/AIDS patients. It has also adopted "test and treat" policy which means any person testing positive will be entitled for free treatment by the state and central government. Earlier, this was restricted by a CD4 count rate. 

It also provides for confidentiality of HIV-related information and makes it necessary to get informed consent for undertaking HIV tests, medical treatment and research. The Bill, moved by health minister J P Nadda, was passed in the Upper House by a voice vote.

During the debate on the measure, many members suggested amending the 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.

In his reply to the debate, Nadda said "I would like to inform the House that while making the rules, we will ensure that nobody is denied treatment and we are committed to provide medical treatment to all those living with HIV or AIDS. We are going with an aggressive policy."

However, civil society organisations raised concerns against the "as far as possible" clause and said this will "dilute" the provision and allow state governments to deny treatment to many patients. On the members concern over insufficient allocation for National AIDS Control Programme, Nadda said Rs. 2,000 crore has been allocated for this year and there is no question of reducing funds for this central scheme.

The Bill also provides for fast tracking of cases relating to HIV positive persons by courts on a priority basis. In any legal proceeding, if an HIV infected or affected person is a party, the court may pass orders that the proceedings be conducted (a) by suppressing the identity of the person, (b) in camera, and (c) to restrain any person from publishing information that discloses the identity of the applicant. When passing any order with regard to a maintenance application filed by an HIV infected or affected person, the court shall take into account the medical expenses incurred by the applicant.

Hiv, aids patients, rajya sabha