Introduction:
India is the home for the third largest population with around 2.14 million persons infected with HIV or AIDS. This disease has taken many deaths, around 69,110 in the year of 2018 in India. Acquired Immune Deficiency Syndrome (AIDS) caused by Human Deficiency Virus (HIV) which weakens the immune system making the person vulnerable to various infections and diseases. The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 came into force on 10th September 2018. It is the crucial step in order to avail the rights, proper treatment and general guidelines to HIV positive persons. It will empower the infected person by giving legal sanctity.
India is quite progressive as compared to other countries in preventing and eliminating HIV since 2001. Government of India has taken certain steps in order to combat the disease like the National AIDS Control Programme (NACP-I) has launched in the year of 1992. Also, the National AIDS Control Board has constituted and National AIDS Control Organization (NACO) was set up for project implementations.[1]
This act is very significant in the Indian scenario which is the third-largest HIV infected country. The purpose of this act is to prevent and control the spread of HIV in the country along with protecting the rights of HIV positive people and prevent discrimination at various places.
Provisions and Significance of the act
To live with dignity is the fundamental right of citizens. In India, the social treatment of HIV persons is awkward and discriminatory. To prevent discrimination at various institutions and residential places, by making it punishable, this act will stop social ill-treatment with HIV infected people and protect the right to live with dignity to an extent. Also, it has been included in the act about the privacy of the person infected with HIV and identity will only disclose by the court order or the procedure established by law.
This act prohibits the discrimination of HIV positive people at the workplace. In the case of MX vs ZY[2], the court held that government or public sector employer could not deny employment or terminate the HIV positive person merely because of HIV positive status and any discrimination with them is the violation of fundamental rights.
Also, in the case of Chhotulal Shambahi Salve vs State of Gujarat[3], the apex court held that person suffering from AIDS couldn’t be denied government job if he is fit. Discriminating such persons in the government job is violative of article 14, 16 and 21 of the Indian Constitution.
The Act protects the rights of the people infected with HIV at the workplace. Section 3[4] of the act prohibits discrimination at the workplace. HIV positive people are more prone to hatred and physical violence in the society. To prevent and prohibit hatred and physical violence, this act has made provision.[5]
This act has provision to keep data of HIV positive person confidential.[6] It also gave directions to the Central and State government to take preventive measures and diagnostic facilities. Also, to formulate HIV and AIDS-related information, education and communication programme which are age and gender appropriate.[7] Centre and State government shall lay down guidelines for care, support and treatment of children infected with HIV or AIDS.[8] Act also directed the governments to appoint an ombudsman to hear and inquire complaints.[9]
Conclusion
Human deficiency Virus and Acquired Immunodeficiency Syndrome (Prevention) Act, 2017 is the crucial step in order to protect the rights of HIV positive people. It has enacted provisions from taking precautions to issuing guidelines to the governments to take safety measures and therapies. The most important thing is that this act has protected the rights of the people.
The only thing required is to make people aware of AIDS and HIV and to teach how to take precautions. The thing which highlights in this kind of issues is the lack of sex education in schools and colleges. With the changing world and changing norms of the society, sex education is the need of an hour.
References:
[1] National portal of India, https://www.india.gov.in/spotlight/india-against-aids-aspiring-aids-free-india
[2] AIR 97 Bom 46
[3] Chhotulal Shambahi Salve vs State of Gujarat, 54n84
[4] Section 3 (a), HIV and AIDS (prevention and control) act, 2017
[5] Section 4, HIV and AIDS (prevention and control) Act, 2017
[6] Section 11, HIV and AIDS (Prevention and control) Act, 2017
[7] Section 17, HIV and AIDS (Prevention and control) Act, 2017
[8] Section 18 (i), HIV and AIDS (Prevention and control) Act, 2017
[9] Section 23 (I), HIV and AIDS (Prevention and control) Act, 2017
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