HEALTH AND HUMAN RIGHTS : HIV/AIDS

ABSTRACT

The HIV plague has huge social, financial, lawful and human rights measurements. It has
featured the disparities, far reaching disgrace and separation and forswearing of principal
human rights that exist in all social orders. The connection between HIV, law and human
rights is twofold. To begin with, HIV has turned into a ground for denying individuals their
rights. Individuals living with HIV much of the time confront forswearing, separation and
rights infringement out in the open and private foundations – social insurance settings, work,
instructive establishments, family and network, on the sole ground of their HIV status.
Besides, it is the refusal of human rights that makes certain populaces more powerless against
HIV than others. In particular, gatherings and sub-populaces that encounter debilitation and
minimization since they are seized of rights or can't practice them are powerless against
contracting HIV.

The general wellbeing exercise that has risen up out of the HIV plague is that ensuring
privileges of those influenced by HIV is the most ideal method for keeping the spread of
HIV. This exercise converts into projects and administrations that are willful, classified and
non-unfair in nature, at the end of the day, a program which regards the privileges of
individuals. The reason behind the methodology is that HIV aversion, care and treatment will
be gotten to just if the individual is guaranteed of the privilege to self-governance and assent,
protection and privacy, equity and non-segregation.
The Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome, regularly
alluded to as HIV/AIDS, is among the most cataclysmic plagues the world has ever seen. The
World Health Organization assesses that about 35 million individuals have kicked the bucket
from AIDS-related causes starting at July 2016 and 36.7 million individuals worldwide were
living with HIV/AIDS toward the finish of 2015. HIV assaults the body's insusceptible
framework, crushing cells that ward off infections. The human body can never dispose of
HIV totally making it be a long lasting malady. Whenever left untreated, HIV can prompt
AIDS. This is the last phase of HIV when the safe framework turns out to be extremely
harmed and powerless against pioneering diseases. Contingent upon the level of seriousness,
individuals who are determined to have AIDS get by around 1-3 years.

Acquired Immune Deficiency Syndrome (AIDS) is the term given to a combination of

symptoms which results from a breakdown of the immune system. AIDS is caused by a virus
known as HUMAN IMMUNODEFICIENCY VIRUS (HIV). The virus attacks the immune
system and leaves the body vulnerable to a variety of life-threatening infections and cancers.
HIV is transmitted primarily through sexual intercourse (including oral, vaginal, and anal
sex), through transfusion of infected blood, by use of non sterile, HIV infected or
contaminated syringes and needles and from an infected mother to her unborn child.

In India, the main instances of HIV/AIDS were accounted for in the mid 80's among business
sex specialists in Mumbai and Chennai and infusing drug clients in the northeastern State of
Manipur. The infection spread quickly from such hazard inclined populaces to the general
masses. Starting at 2011, Manipur demonstrated the most astounding evaluated grown-up
HIV predominance (1.22%), pursued by Andhra Pradesh (0.75%), Mizoram (0.74%),
Nagaland (0.73%), Karnataka (0.52%), Goa (0.43%)and Maharashtra (0.42%).4 India is
assessed to have 2.39 million individuals living with HIV/AIDS (hereinafter "PLWHA"), the
third most noteworthy in the world. HIV/AIDS is one of the greatest difficulties looked by
India. There are around three million individuals with HIV/AIDS in India. The financial state
of the nation combined with the customary standpoint and the legends related with the things
has made it increasingly defenseless against the sickness. Poor education level is one of the
greatest causes of the spread of the ailment. The ailment has an intense social shame
connected with it. Individuals tainted with HIV/AIDS are segregated at each place and are
viewed in the general public. The significant field where they feel the impacts of this sickness
is at the working environment. The infection not totally treatable but rather measures can be
pursued to anticipate it. Giving learning and making mindfulness among the general
population as to the malady, its causes, its belongings can help in lessening it from spreading
further.

Over a long time since the HIV/AIDS pandemic started, HIV keeps on causing just about two
million new contaminations every year, and the "end of AIDS" by 2030 stays tricky.
Infringement of human rights continues to fuel high rates of new infections among key
populaces and a summed up epidemic in a lot of sub-Saharan Africa. Then, as political
movements overall compromise HIV financing as well as advancement toward the
globalization of human rights, common society activation and support established immovably
on human rights standards have a more indispensable task to carry out than any other time in
recent memory.

The root cause of HIV being primarily sexual, the sickness is joined by societal marks of
disgrace and the false conviction that the HIV infection is exceptionally infectious. This
results in segregation of individuals contaminated with HIV prompting the refusal of access
to human services, training, work, protection and open offices bringing about gross
infringement of common and fundamental rights of the HIV influenced populace. A recent
report detailed that 65% of male PLWHA and over 75% of female PLWHA confronted
separation at government offices. About 25% were either declined medical treatment or were
alluded to another wellbeing office, almost 40% felt that they were disregarded and secluded,
about 30% were mishandled and prodded, and about 4.5% detailed that they were denied
confirmation at wellbeing facilities. Discrimination was broad through declining to treat
HIV+ patients, declining to contact HIV+ patients, uncovering HIV+ status to different
patients and medical staff, and charging extra fees. However, victimizing HIV/AIDS
influenced populaces (hereinafter "influenced populace") is by all accounts useless as it has
been seen that general wellbeing interest does not strife with human rights and in actuality
when human rights of PLWHA are secured, their families can adapt better and less
individuals progress toward becoming infected. It is, along these lines, basic that the human
rights of influenced populaces be protected. A nation cannot promise its citizens years in their
life, but it can promise them life in their years.
HIV STIGMA AND DISCRIMINATION

HIV-related stigma and discrimination alludes to partiality, adverse frames of mind and
misuse coordinated at individuals living with HIV and AIDS. In 35% of nations with
accessible information, over half of individuals report having unfair mentalities towards
individuals living with HIV.

Stigma and discrimination additionally makes individuals helpless against HIV. Those most
in danger to HIV (key influenced populaces) keep on confronting stigma and discrimination
dependent on their genuine or saw wellbeing status, race, financial status, age, sex, sexual
introduction or sex personality or other grounds.

Stigma and discrimination shows itself from various perspectives. Discrimination and other
human rights infringement may happen in social insurance settings, banning individuals from
getting to wellbeing administrations or appreciating quality wellbeing care. Some individuals
living with HIV and other key influenced populaces are avoided by family, peers and the
more extensive network, while others confront poor treatment in instructive and work
settings, disintegration of their rights, and mental harm. These all limit access to HIV testing,
treatment and other HIV administrations.

The People Living with HIV Stigma Index reports the encounters of individuals living with
HIV. Starting at 2015, in excess of 70 nations were utilizing the HIV Stigma Index, in excess
of 1,400 individuals living with HIV had been prepared as questioners, and more than 70,000
individuals with HIV have been met. Discoveries from 50 nations, show that approximately
one in each eight individuals living with HIV is being precluded wellbeing administrations
because from securing stigma and discrimination.

FORMS OF HIV STIGMA AND DISCRIMINATION

 GOVERNMENTAL STIGMA

A nation's biased laws, tenets and approaches in regards to HIV can distance and bar
individuals living with HIV, strengthening the stigma encompassing HIV and AIDS.

In 2014, 64% of nations answering to UNAIDS had some type of enactment set up to shield
individuals living with HIV from discrimination.28 While, then again, 72 nations have HIV-
explicit laws that indict individuals living with HIV for a scope of offences. Criminalisation
of key influenced populaces stays across the board with 60% of nations detailing laws,
directions or arrangements that present obstructions to giving viable HIV anticipation,
treatment, care and support. As of 2016, 73 nations condemned same sex activity, and
infusing drugs use is generally condemned, prompting high imprisonment levels among
individuals who use drugs.

In excess of 100 nations condemn sex work or parts of sex work. Even in nations where sex
work is in any event mostly legitimate the law once in a while secures sex laborers and many
are in danger of discrimination, misuse and brutality from both state and non-state
performers, for example, law requirement, accomplices, relatives and their clients. For
instance, somewhere in the range of 15,000 sex specialists in China were confined in
supposed authority and training focuses in 2013.

 RESTRICTIONS ON ENTRY, TRAVEL AND STAY

As of September 2015, 35 nations have laws that confine the passage, remain and habitation
of individuals living with HIV. In 2015, Lithuania turned into the latest nation to evacuate
such restrictions.

Starting at 2015, 17 nations will expel people once their HIV constructive status is found,
five have a total section prohibition on individuals living with HIV and four require an
individual to have the capacity to demonstrate they are HIV adverse before being conceded
entry.

Extradition of individuals living with HIV has possibly dangerous results in the event that
they have been taking HIV treatment and are ousted to a nation that has restricted treatment
arrangement. Then again, individuals living with HIV may confront expelling to a nation
where they would be liable to considerably facilitate discrimination - a training that could
contradict worldwide human rights law.

 HEALTHCARE STIGMA

Healthcare professionals can medically assist someone infected or affected by HIV, and also
provide life-saving information on how to prevent it. However, HIV-related discrimination in
healthcare remains an issue and is particularly prevalent in some countries. It can take many
forms, including mandatory HIV testing without consent or appropriate counselling. Health
providers may minimise contact with, or care of, patients living with HIV, delay or deny
treatment, demand additional payment for services and isolate people living with HIV from
other patients.

For women living with HIV, denial of sexual and reproductive health and rights services can
be devastating. For example, 37.7% of women living with HIV surveyed in 2012 in a six-
country study in the Asia–Pacific region reported being subjected to involuntary sterilisation.

Healthcare workers may violate a patient’s privacy and confidentiality, including disclosure
of a person’s HIV status to family members or hospital employees without authorisation.
Studies by WHO in India, Indonesia, the Philippines and Thailand found that 34% of
respondents reported breaches of confidentiality by health workers.

People from key affected populations may face additional discrimination in healthcare
settings. Discriminatory attitudes held by health providers may also lead them to make
judgements about a person’s HIV status, behaviour, sexual orientation or gender identity,
leading individuals to be treated without respect or dignity. These views are often fuelled by
ignorance about HIV transmission routes among healthcare professionals.

An investigation of wellbeing suppliers in urban wellbeing offices in India discovered 55-

80% of suppliers showed an ability to forbid ladies living with HIV from having kids,
supported compulsory testing for female sex specialists (94-97%) and expressed that
individuals who obtained HIV through sex or medications "got what they merited" (50-83%).
These encounters may leave individuals living with HIV and individuals from key influenced
populaces too reluctant to even think about seeking out human services benefits, or be kept
from getting to them – for example, if a medical caretaker declines to treat a sex worker in
the wake of getting some answers concerning their occupation. It additionally keeps
numerous individuals from key influenced populaces being straightforward with social
insurance specialists on the off chance that they're a sex worker, have same-sex relations, or
infuse drugs, which means they are more averse to get administrations that could encourage
them.

 EMPLOYMENT STIGMA

In the workplace, people living with HIV may suffer stigma from their co-workers and
employers, such as social isolation and ridicule, or experience discriminatory practices, such
as termination or refusal of employment.
Evidence from the People Living with HIV Stigma Index suggests that, in many countries,
HIV-related stigma and discrimination are as frequently or more frequently a cause of
unemployment or a denial of work opportunity as ill health.

Key findings from people living with HIV in nine countries across four regions in 2012 found
that, as a result of their HIV status, between between 8% (Estonia) and 45% (Nigeria) of
respondents had lost their job or source of income; between 5% (Mexico) and 27% (Nigeria)
were refused the opportunity to work, and between 4% (Estonia) and 28% (Kenya) had the
nature of their work changed or had been refused promotion. In addition, 8% of respondents
in Estonia to 54% in Malaysia reported discriminatory reactions from employers once they
were aware of the employee’s HIV status. Similarly, 5% in Estonia to 54% in Malaysia
reported discriminatory reactions from co-workers who became aware of their colleague’s
HIV status.

 COMMUNITY AND HOUSEHOLD LEVEL STIGMA

Network level stigma and discrimination towards individuals living with HIV can constrain
individuals to leave their home and change their day by day exercises.

In numerous unique situations, ladies and young ladies regularly fear stigma and dismissal
from their families, not just because they remain to lose their social place of having a place,
yet in addition because they could lose their safe house, their kids, and their capacity to
endure. The detachment that social dismissal conveys can prompt low confidence, dejection,
and even musings or demonstrations of suicide.

The International Center for Research on Women (ICRW) reports that in Bangladesh the
greater part of ladies living with HIV have encountered stigma from a companion or neighbor
and one of every five feel self-destructive. In the Dominican Republic, six out of ten ladies
living with HIV fear being the subject of talk, while in Ethiopia, the greater part of all ladies
living with HIV report having low confidence.

A study of wedded HIV-positive ladies (15– 29 years) in India discovered 88% of

respondents experienced stigma and discrimination from their family and network. Ladies
with more established spouses and from family's with lower financial status were
fundamentally bound to encounter stigma and discrimination from their husbands' family just
as from companions and neighbors.

Stigma and discrimination can likewise take specific structures inside local gatherings, for
example, key influenced populaces.

For instance, thinks about have appeared inside some lesbian, gay, bisexual, transgender and
intersex (LGBTI) people group there is isolation between HIV-constructive and HIV-
antagonistic individuals, where individuals relate predominately with those of a similar
status.

LEGAL PROVISIONS IN INTERNATIONAL LAW:

Association of India has marked different settlements, assentions and revelations identifying
with HIV/AIDS, the insurance of rights of the individuals who are HIV positive, the
individuals who are influenced by HIV/AIDS and the individuals who are most helpless
against HIV/AIDS so as to anchor their human rights and keep the spread of HIV/AIDS. The
two traditions that go for non discrimination based on doctrine, political connection, sex, or
race are the International Covenant on Civil and Political Rights, the International Covenant
on Economic, Social and Cultural Rights. They additionally cover inside their ambit non
discrimination of the general population contaminated with HIV.

The Universal Declaration of Human Rights additionally sets out that the standard of non-
discrimination is fundamental to human rights law. It similarly applies to individuals
experiencing HIV/AIDS because they need to endure an abnormal state of stigma and
discrimination. It sets out certain business related arrangements for a HIV/AIDS
contaminated individuals which incorporates appropriate to life, freedom and security of
individual, no individual ought to be exposed to constrained testing as well as treatment or
generally savage or debasing treatment, all individuals including HIV+ people have the
privilege to work and take an interest in the social existence of the network, to appreciate
human expressions and to partake in logical progression and its advantages and all people
incorporating the general population living with a constructive 'HIV' finding are equivalent
under the watchful eye of the law and are qualified with no discrimination for equivalent
assurance by the law.
Individuals determined to have HIV+ are likewise entitled the rights cherished in Art. 25(1)
of the Declaration which incorporates the right to adequate standard of living, help, medical
assistance and essential social services, and the privilege to security in case of joblessness as
per their requirements and their treatment decisions.

The UNAIDS Guidelines, 1996 stresses on the obligation of the states to participate in law
change. It additionally manages the states to distinguish lawful obstructions in order to frame
a compelling methodology of HIV/AIDS aversion and care. It likewise lays weight on
institution of against discrimination and other defensive laws that would secure HIV/AIDS
analyzed individuals from discrimination in both the general population and private parts
would guarantee their protection, classification and morals in research including human
subjects and would lay accentuation on instruction and assuagement and accommodate quick
and powerful regulatory and common cures.

LEGAL PROVISIONS IN INDIAN LAWS:

There is no comprehensive law in India to deal with menace of HIV/AIDS and protect the
people infected with the disease from discrimination and the social stigma attached with this
disease. The law of land, the Constitution of India, 1950 guarantees every justice, liberty and
equality. Article 14 guarantees the right of equality of treatment to the HIV/AIDS patients.
Articles 15 and 16 protect them against discrimination. Article 21 of the Constitution protects
their right to life and personal liberty and ensures their right to privacy. The Directive
Principles of State Policy also cast a duty upon the States to ensure right to livelihood and
prevent discrimination. Article 39 of the Constitution directs the States to ensure that all the
citizens including the HIV/AIDS patients have an adequate mean of livelihood. Article 42
casts a duty upon states to make provisions for securing just and humane conditions of work.
States have been entrusted with the duty to improve public health vide Article 47 of the
Constitution.

LEGAL PROVISIONS IN INDIAN MEDICAL COUNCIL ACT, 1956 (Professional

Conduct, & Ethics) Regulations, 2002):

The Medical Council of India lays down certain duties that have to be observed by the
doctors towards the HIV/AIDS patients. These are enumerated below:
  Duty to take care and to take informed consent from the patient.

 Disclosure of information & risks to the patient

 Provide information of options available & benefits

 Duty to warn

 To admit patient in emergency without consent

 The physician should not abandon his duty for fear of contracting the disease himself. 

LEGAL PROVISIONS IN IMMORAL TRAFFICKING PREVENTION ACT, 1986:

Immoral Trafficking Prevention Act, 1986 deals with sex work in India. The Act provides for
conducting compulsory medical examination for detection of HIV/AIDS.  It also made
provisions for compulsory testing. 

HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE

DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT 2017:

 It empowers a person living with HIV to report discrimination meted out against them in
fields of employment, health care services, educational services, public facilities, property
rights, holding public office, and insurance.

 The Act penalises "propagation of hatred" against the protected person where a violator
could be punished with a minimum jail term of three months to a maximum of two years
and can be fined up to one lakh rupees.

 The Act makes Anti-Retroviral Treatment (ART) 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 law makes it mandatory for state governments to appoint an Ombudsman to inquire
into complaints related to the violation of the Act and the provision of health care
services.

 If a person or an institution fails to comply with any order given by the Ombudsman
within the stipulated period of time, they could be fined a maximum of Rs 10,000. A
continuous failure could lead to an additional fine of up to Rs 5000 every day until the
they comply.

 The new legislation has provisions to safeguard the property rights of HIV positive
people. Every HIV infected person below the age of 18 years has the right to reside in a
shared house hold and enjoy the facilities of the house hold.

NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK POLICY:

The National Policy on HIV/AIDS and the World of Work is a policy document
formulated by the Ministry of Labor & Employment was launched at 43rd Session of the
Standing Labor Committee. The Policy was developed by the Ministry of Labor &
Employment after consultations with ILO (International Labor Organization), NACO
(National Aids Control Organization) and Social partners. The policy is aimed at
generating awareness about HIV/AIDS, encourage action to prevent its spread and further
improve and develop the support and care initiatives at the workplace. It objective is to
prevent transmission of HIV infection amongst workers and their families; protect right of
those who are infected and provide access to available care, support and treatment
facilities, deal with issues relating to stigma and discrimination related to HIV/AIDS by
assuring them equity and dignity at the workplace and ensure safe migration and mobility
with access to information services on HIV/AIDS.

The policy says that HIV/AIDS screening should not be required of job applicants or
persons in employment or for purposes of exclusion from employment or worker benefits.
In order to assess the impact of HIV, employers may wish to do anonymous, unlinked
HIV prevalence studies in their workplace. These studies may occur provided it is
undertaken in accordance with the ethical principles of scientific research, professional
ethics and the protection of individual and confidentiality. Where such research is done,
workers should be consulted and informed that it is occurring. Testing will not be
 considered anonymous if there is a reasonable possibility that a person’s HIV status can
be deduced from the result. It also provides that HIV infection is not a cause for
termination of employment. Persons with HIV related illnesses should be able to work for
as long as medically fit in appropriate conditions.

RIGHTS OF HIV/AIDS PAITENT

 RIGHT TO TREATMENT
A person suffering from any ailment has the right to get treatment for his suffering.
Treatment cannot be denied to a patient on the basis of his HIV/AIDS status. If any
HIV/AIDS patient is denied treatment, it amounts to discrimination. The Supreme Court of
India has issued directions to make second-line HIV/AIDS treatment available free of cost to
all those who need it.
In the matter of LX v. Union of India, LX, an under trial who was tested HIV+ was denied
antiviral therapy (ART) against AIDS after his release form the prison. In a petition filed by
him, the Delhi High Court directed the Government to continue to provide ART to LX.
Pursuant to the commencement of the ARV roll-out by the Government of India in April
2004, the High Court directed the government provide ART to LX under the ARV roll-out
programme and to reimburse AIIMS for the costs incurred by them.
In another matter a pregnant lady infected with HIV+ was denied treatment by the hospital. In
a petition filed by her husband, the Delhi High Court gave immediate directions to the
Hospital saying that there was an urgent need to issue direction to ensure the protection of the
right to health and life of the women and her foetus. A direction was issued to immediately
arrange one unit of blood and further quantity of blood as may be required, from any of the
authorized blood banks.

 CONFEDENTIALITY
A person who has been diagnosed with HIV/AIDS has the right to keep his/her HIV/AIDS
status confidential. Even the Courts have delivered judgments in their favour that if they do
not want to disclose their identity they can use a pseudonym before the Courts to suppress
their identity.
In the matter of Mr. X v. Hospital Z, the Supreme Court of India has held that the patients
suffering from 'AIDS' deserve full sympathy and are entitled to all respect as human beings.
They cannot be denied jobs on the basis of their HIV/AIDS status. It further held that
although the doctor-patient confidentiality is an important and part of the medical ethics
incorporated by the then Medical Council Act, a patient's right to confidentiality was not
enforceable in a situation where the patient is HIV positive, if he stood the risk of spreading it
to his prospective spouse. Since acts likely to spread communicable diseases are a crime, the
failure of the hospital to inform the spouse of the disease would make them participant
criminals. Since Indian matrimonial laws provide venereal disease as a ground for divorce, a
person suffering from a VD had no right to get married till he/s/he is fully cured and such a
right must be treated as a 'suspended right'.
In another case of Mr. X v Hospital Z, the Supreme Court has held that its earlier judgment in
Mr. X v Hospital Z to the extent that it suspended the right of people living with HIV/AIDS
to marry is no longer good law and restored the right of an HIV + person to marry. However,
it further held that this does not take away from the duty of those who know their HIV+
status to obtain informed consent from their prospective spouse prior to marriage.
RIGHT TO EMPLOYMENT AND RIGHT AGAINT DISCRIMINATION AT
WORKPLACE
Right against discrimination is a fundamental right possessed by a citizen of India. No one
can be discriminated on the basis of his HIV/AIDS status in India. HIV/AIDS patients have a
right of equal treatment everywhere and they cannot denied job opportunity or discriminated
in employment matters on the ground of their HIV/IDS status.

In a landmark judgment in the matter of MX v. ZY, the  Bombay High Court has held that no
person could be deprived of his or her livelihood except by procedure established by law and
that the procedure must be just, fair and reasonable. It further held that held that if a person is
fit to perform his job functions and is otherwise qualified and does not pose a substantial risk
to fellow workers he cannot be denied the job. Further, the Court held that a public sector
employer cannot deny a person employment solely because he is HIV positive. Each
determination of whether a person is incapable of performing the job must be made by
conducting an individual inquiry taking into account the state of medical knowledge at the
time. It was also held that in proper cases where a person can show that he or she would not
be able to prosecute his or her career if his status is disclosed and in the interests of the
administration of justice, the Court will permit the party before it to suppress his or her
identity and prosecute or defend the proceedings under an assumed name.
In another caseof G v. New India Assurance Co. Ltd, the Bombay High Court has held that a
person, who is otherwise fit, could not be denied employment only on the ground that he or
she is HIV positive. The Court further held that a person’s HIV status cannot be a ground for
rejection for employment as it would be discriminatory and would violate of the principles
laid down in Articles 14 (right to equality), 16 (right to non-discrimination in state
employment) and 21 (right to life) of the Constitution.
In the case of S v. Director General of Police, where the widow was denied compassionate
employment because her husband had died because of AIDS, the Bombay High Court has
held that there should be no delay in appointment in all claims of compassionate
employment. If there does not exist a suitable post, a supernumerary post must be created.
The court directed the respondents to create a supernumerary post for the petitioner within 8
weeks, and consider her case for grant of service quarters on priority basis in accordance with
the rules. 
In the matter of Mr. X, Indian Inhabitant Vs. Chairman, State Level Police Recruitment
Board and Ors., the Andhra Pradesh High Court has held that treating all HIV positive
persons as one single homogenous class, irrespective of the stage of the disease, for being
denied appointment in the police force is in violation of Articles 14 and 16 of the Constitution
of India. Some people found to be HIV positive may, under certain circumstances, be
unsuitable for employment in the police force does not justify the exclusion from
employment of all people who are living with HIV. A Rule which denies employment to the
HIV infected person merely on the ground of his HIV status irrespective of his ability to
perform the job requirements and irrespective of the fact that he does not pose any threat to
others at the workplace is clearly arbitrary and unreasonable and infringes the whole some
requirement of Article 14 as well as Article 21 of the Constitution of India.
The Supreme Court of India has also advocated in the favour of better living for sex workers.
It has also directed that the central and the state governments should prepare schemes for
rehabilitation of physically and sexually abused women all across the country.

NEGLIGENCE IN BLOOD TRANSFUSION

In the case of P v. Union of India, the blood of a HIV patient was negligently donated to a
pregnant lady who was later found to be infected with HIV+. In this case the Indian Navy
being at fault compensated the victim with a Government job at Kolkata or the place where
she desired, accommodation on her appointment on the usual terms and conditions, a sum of
Rs. 10 lakhs from the date of filing of the writ petition @ 18% interest and medical treatment
at the cost of the Government. 

NACO GUIDELINES AGAINST PRESCREENING TESTS CONDUCTED ON

PROSPECTIVE EMPLOYEES: RIGHT TO INFORMED CONSENT
National AIDS Control Organization has issued a comprehensive HIV testing policy.
According to the HIV testing policy, mandatory HIV testing should not be imposed as a
precondition for employment or for providing healthcare services in private firms. Testing
should be done after obtaining informed consent, with pre and post-test counseling and
should be voluntary.
REMEDY IN CASES OF DISCRIMINATION OR DENIAL OF FACILITIES
In case a person infected with HIV/AIDS is denied treatment or any other facility to which a
common man is entitled or is discriminated in any field on the basis of his/her HIV/AIDS
status, the aggrieved person can file a petition before the Court for his/her readdress.

REFERENCES:
Websites referred:
 https://www.avert.org/professionals/hiv-social-issues/stigma-discrimination
 https://timesofindia.indiatimes.com/india/health-ministry-announced-
implementation-of-hiv-aids-act-2017-all-you-need-to-
know/articleshow/65764317.cms
 https://www.lawyerscollective.org/hiv-and-law/hiv-law-background
Articles referred:
 Riddhima Kedia, “HIV/AIDS Legislation in India” 2019 india law journal
 Enoch J, Piot P. Human Rights in the Fourth Decade of the HIV/AIDS Response: An
Inspiring Legacy and Urgent Imperative. Health Hum Rights. 2017;19(2):117-122.
 Sayles, J. et al (2009) 'The Association of Stigma with Self-Reported Access to
Medical Care and Antiretroviral Therapy Adherence in Persons Living with
HIV/AIDS' Journal of General Internal Medicine 24(10)

Anubha Dwivedi
B.A.LL.B (Hons.)1st Year
National University Of
Study And Research In
Law, Ranchi