AIDS bill to stamp out discrimination

The legislation will allow HIV-positive people and AIDS patients the right not to be given medical treatment or be made the subject of research without their consent. Consent would also become mandatory for any HIV-related test or treatment.

Consent from a representative is needed for minors and for those lacking the physical or mental capacity to give consent. Exemptions have been made in case of court orders.

The bill, which has been prepared by the Lawyers Collective HIV/AIDS Unit and was submitted to NACO two months ago, was drafted after three years of consultations and research in co-ordination with NACO and state AIDS control societies.

The legislation outlaws discrimination by the state or any person. It also states that the HIV-positive and AIDS patients cannot be denied or thrown out of jobs except when certified to be unfit by a doctor or when their employment poses a risk to co-workers.

Denial or discontinuation or unfair treatment in healthcare, education or with regard to access to goods, accommodation, benefits, public/entertainment places and burial grounds have been made punishable offences.

The bill upholds privacy and says no one shall be compelled to disclose HIV-related information except when the court orders.

Other highlights of the bill are:

• Providing a safe working environment and healthcare services where there is a significant risk of occupational exposure to HIV.

• Setting up of an HIV/AIDS authority with the powers of a civil court to prevent and control spread of HIV and promote and protect the rights of those affected by HIV/AIDS.