The HIV and AIDS (Prevention and Control) Bill, 2014, aimed at ensuring equal rights while seeking treatment, education and job by people living with HIV, was passed by the Rajya Sabha on March 21, 2017.
The Bill also assumes significance as it protects such people from specific acts of discrimination by the state, or any other person.
It also lays down penal provisions for any discrimination practised against a person with HIV/AIDS and breach of confidentiality.
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.
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 2016.
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.
Rules will have provision to provide justification for denying treatment to the patients.
A large number of members were of the view that the phrase 'as far possible' would defeat the purpose of the bill as it provides a leeway to the Centre and the states.
Changes in the Bill- Bill now 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 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.
