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The present government has been appreciated for bringing out several progressive legislations to change the Indian economy but it also seems that social reforms are also not far behind. The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Bill (HIV Bill), 2014 is a step which intends to do away with social discrimination in Indian society by imposing responsibilities and penalties. Although the HIV Bill was introduced during previous regime, The Standing Committee on Health and Family Welfare has cleared it this year after incorporating changes and due consultation with various stakeholders.

The HIV Bill seeks to control the spread of HIV and AIDS, provide for informed consent and confidentiality and creates ombudsman for redressing the complaints. It also deals with guardianship in case one of family members is HIV infected.

Prohibition of discrimination

The HIV Bill seeks to do away with discrimination which HIV patients have to endure in various fields and earlier these matters were dealt with through executive orders. It seeks to put an end to discrimination and unfair treatment with regard to educational institutions, employment, hospitals, renting or buying properties and insurance. The mandatory HIV testing which is conducted in many schools, colleges and places of employment would be done away with (unless specifically permitted by the government). Most importantly, the HIV Bill deals with discrimination which is meted out by family members and relatives. The publication or spreading of hatred against HIV infected persons and those living with them would be an offence and HIV infected person can’t be deprived of shared household.

Informed Consent and Confidentiality

The HIV Bill seeks to ensure that no person should be forced to share his HIV status without his informed consent or court order. No medical tests or research would be conducted without his informed consent, even by a government agency. However licensed blood banks have been exempted but they must adopt data protection measures. Similarly, all organisations dealing with HIV infected persons must adopt data protection measures.

Guardianship of Family

It has been observed that minors are left to fend for themselves if they or their parents are found to be HIV infected. To prevent this, the HIV Bill seeks to provide for guardianship of abandoned family by a sibling who is of 12-18 years of age. He can take decisions related to school admissions, properties and opening bank accounts.

Duties of the State

Both Central and State Governments have been given duties to take care of HIV infected persons. Every HIV infected person shall have a right to HIV prevention, testing, treatment and counselling services. The concerned government would have to provide for anti-retroviral therapy, ensure access to welfare program and conduct age-appropriate awareness campaigns. The government would also lay down guidelines for treatment of HIV infected persons and specify duties of various stakeholders.

Ombudsman and Court Proceedings

Every State Government shall appoint an ombudsman to deal with complaints of violation of the Act and take appropriate action. The Ombudsman shall submit a report to the state government every six months stating the number and nature of complaints received and action taken. Any court proceeding, whether criminal or civil, where an HIV infected person is a party would ensure that the identity of the person is kept secret and while examining that person, the proceedings should be held in the chamber of judge.

Analysis

While the HIV Bill sound too good, a careful look could tell that HIV infected persons have been given a raw deal and the Bill is only a recollections of various executive and courts orders. It has been observed that private hospitals try to shirk of their responsibility and refer the patients to government hospitals. No provision has been incorporated to place this obligation on private hospitals. The HIV Bill also provides for a government functionary to be appointed as an ombudsman which means that same persons would be in many roles. There is no provision for qualifications for being an ombudsman and it has been left to the concerned government to frame guidelines. There is no provision for finances and the recent cut in NACO (responsible for HIV control and prevention) budget shows how this Bill can be ineffective if adequate government support is not provided.

Conclusion

There are approximately 21 lakh registered patients in India and many are not coming out due to the fear of social stigma mainly children, sex workers, homosexuals and even well-educated people. Despite the government campaigns, nothing has changed on the ground and HIV infected persons are still suffering from discrimination especially in rural areas and small towns. Although the HIV Bill is a step in right direction, much needs to be done on the grounds.