Legal Services

Legal Services
The HIV pandemic has witnessed two types of legal responses; the isolationist and the integrationist response. These responses are diametrically opposite. Legal and other policies that isolate PLHAs, drive the disease underground. Laws and policies that integrate PLHAs, help to curb the spread of HIV. It is therefore necessary that rights of those affected and those vulnerable to HIV are protected and strengthened.

LCHAU provides pro bono (free) legal services to persons infected and affected by HIV/AIDS and those vulnerable to HIV/AIDS.
Legal services provided by LCHAU include amongst others the following:

LEGAL ADVICE : LCHAU provides legal advice to individual clients on various issues including infringement of rights in healthcare, access to medicines, negligence in blood transfusion, breach of confidentiality, denial of employment and/or employment benefits, matrimonial rights such as, divorce, maintenance, custody of children, inheritance and property rights, insurance claims, wrongful arrest, processing of identification papers, criminal cases on drug users, sex workers, men having sex with men (MSM), etc. Clients are informed of their rights and options available to them to proceed legally.



LITIGATION : After advice is rendered and if the client wants legal intervention, LCHAU proceeds to negotiate or settle the case on her/his behalf or initiate legal action in court. In all cases applications are made to keep the identity of the client confidential by asking for an order of Suppression of identity.
PUBLIC INTEREST LITIGATION (PIL) : means litigation filed in a court of law, for the protection of "Public Interest". The Unit has initiated PILs on the following;

• Decriminalisation of consensual sodomy
• Public health issues like access to health and treatment
• Right to marry of PLHAs
• Quackery
• Protection of rights of children in children homes (Suo Motu)
• Protection of sex workers

Other issues of Public concern that the unit actively works on are:

• Information on sexuality, sexual health and HIV/AIDS
• Gender discrimination and issues affecting women
• Testing, informational privacy, consent, etc.
• Safe blood supply
• Conditions in prisons and health of prisoners.
• Access to free/cheap medicines including ARVs.

QUERIES : Members of the unit answer legal queries on HIV/AIDS and related issues requested by organisations and individuals. [ Click here to write a Query ]

Civil Rights Initiative : Certain sections of the society are more vulnerable to HIV due to various reasons, important among them being the existence of some laws and acts that criminalise them. This criminalisation denies or restricts the exercise of the range of fundamental rights and creates fear towards established system. This results in inability or unwillingness in these sections to access services that can protect their rights and further from HIV infection.
Besides its commitment to provide legal services to persons affected and infected by HIV/AIDS, LCHAU has made efforts to extend its services to these sections of the society, in the form of a Civil Rights Initiative (CRI). CRI tries to address the larger vulnerabilities that create fertile ground for HIV through creation of a network of lawyers that can represent their legal interests and try to protect their rights.
One initiative undertaken by LCHAU is at the Arthur Road Jail Mumbai, in association with Sankalp Rehabilitation Trust. The Arthur road intervention aims at promotion and protection of rights of Drug users, on whom criminal cases are pending which include cases of consumption of drugs, theft, petty offences, etc.