AIDS draft Bill cleared

Years after it was first mooted,the Union Law Ministry has finally approved the draft of the HIV/AIDS Bill with most of the provisions it had objected to earlier....

Years after it was first mooted,the Union Law Ministry has finally approved the draft of the HIV/AIDS Bill with most of the provisions it had objected to earlier,including one that gives an elder sibling guardianship in case the parents die of AIDS.

The Union Health Ministry finalised the draft in 2006 and sent it to the Law Ministry in 2007. The latter returned it after truncating 32 important provisions. The Health Ministry,however,was not happy with the truncated version and sent it back.

Following protests by NGOs,the Law Ministry in November 2009 asked the Solicitor General to look into the draft bill. The Solicitor General reinstated several important provisions. It is learnt that the 90 page draft sent by ministry to National AIDS Control Organisation NACO this week retains 23 of the provisions that were truncated earlier.

One of these makes the elder sibling,even if he/she is a minor,guardian and gives him/her property rights in case parents die of AIDS. It is seen that if the child is minor,the property is taken away by relatives. With the new inclusion,the child welfare committee will take care of the property or an elder sibling can have property rights, sources said.

There is also an emergency clause which makes it mandatory for all government and private hospitals to appoint an officer to look into the complaints of an HIV-infected person. On the district level,such complaints will be heard by a health ombudsman. The complaints will have to be redressed within 24 hours in emergency cases or otherwise within 15 days.

Most of the time,the hassle of going to courts discourages HIV patients from fighting for their rights. This provision will ensure they are treated with dignity, a source said.

Another reinstated provision relates to GIPA Greater Involvement of People Living with HIV/AIDS in Policy Making. It envisages involvement of HIV-infected people in governments policies for them.

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The draft Bill also lowers the age for consent to HIV test 18 years to 16 years. If the child is younger than 16,the health care provider can assess his/her maturity and conduct the test/treatment.

One of the clauses which,sources said,have not been reinstated relates to de-facto guardianship. The Health Ministry had suggested that any person/NGO that has been taking care of an orphan could be given de-facto guardianship but the ministry rejected the suggestion.