Update on the HIV/AIDS Bill

Update on the HIV/AIDS Bill 

January 2009

           Recently, the Law Ministry sent the HIV/AIDS Bill back to NACO with substantial changes.

            Important chapters like Access to Treatment and Risk Reduction, which form the core of the National AIDS Control Programme have been deleted. Provisions on Discrimination, Confidentiality and Special Provisions for Women and Children have been diluted, undermining legal protection for people infected and affected by HIV and AIDS. On the contrary, the Law Ministry has introduced draconian measures like mandatory testing, tracing and isolation of people infected or at risk of HIV and AIDS.  Such measures, which violate rights of people living with HIV and those most at risk, have failed to prevent the spread of HIV. They also contravene the National AIDS Prevention and Control Policy, 2002; which clearly espouses protection of human rights.

 In response, the National Coalition on the HIV/AIDS Bill organized country wide protests. Press conferences, Dharnas and rallies were held in many cities including Mumbai, Bangalore, Chennai, Calcutta, Pune and Surat   coinciding with World AIDS Day (1 December) and Human Rights Day (10 December).

On 10 December 2008, 200 persons, majority of whom were people living with HIV protested outside the Law Ministry in Delhi. Protesters demanded that the government revert back to the original Bill and table it in Parliament at the earliest. Thereafter, a delegation met the Law Minister, Mr. Hans Raj Bhardwaj, criticizing their insensitivity and over-reach in handling the Bill.

After hearing their concerns, the Law Minister assured that all important provisions would be restored and steps taken to iron out differences between civil society and his Ministry.

            The Law Ministry has now initiated dialogue with the National AIDS Control Organization (NACO) to clear the Bill and table it in the next session of parliament.