Natural Rights to HIV positives in India

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 HIV Positives have suffered at every level of life in India. They are subjected to harassment in social, professional and service fronts. There are numerous cases reported in which the health care facilities are denied to the HIV positives.  At the international front also these discriminations among the HIV positives are acknowledged and in the year 1996 guidelines are given on the protection of human rights of HIV positives.  At national level, India has also acknowledged this responsibility and passed Act no. 16 of 2017 with a vision to prevent and abate HIV in India. It also grants certain basic natural rights to HIV positives. This act not only protects the rights of the HIV sufferer but also provide protection to the persons providing services to them such as their caretakers; health care persons. All the persons who are coming within the risk zone of transmission of HIV virus by the sufferer along with the sufferer are collected treated as protected persons under this Act.   This Act specifically precludes any type of distinction of the protected person in employment or occupation. Discriminatory behavior is only allowed if the health care provider certifies that the presence of the HIV positive poses serious risk of exposure of HIV virus to others, or is unfit to provide his professional services.
Health Care facilities cannot be denied or interrupted to the persons coming under the protected group under this act. This Act obligates that no differential behavior is to be shown towards the protected person with respect to exercise of right to residence and movement in India.  It also precludes any form of hatred towards the protected persons.  Any type of publication which can expose protected person to hatred or any form of use of force is totally prohibited.
This Act also acknowledges the right of the HIV positive to get tested, treated and researched only after his informed consent. The testing, treatment and research can be done without the informed consent of the patient, if HIV status determination is required for adjudication of the issue by the Court. Unapproved testing and research can also be done while taking blood by the blood banks.
Protected persons also have the right of non-disclosure of their HIV status. This right is not absolute but subjected to some exceptions. Confidentiality of HIV status can be waived by the court orders required for the settlement of a dispute.  Health Care persons providing the health services to the HIV positives are under obligation not to disclose HIV positive status to the patient’s spouse. Disclosure of the status can be made under certain specific conditions such as where there is risk of exposure to the spouse; if he strongly believes that patient will conceals his status from his/her spouse; has already duly informed the patient of his intention to inform the spouse.
 UniversalPrecautions are to be adhered by the health care establishments or other establishments, where there is occupational risk of exposure of HIV to workers. These Universal Precautions must include methods to check such occupational exposures and also the preventive techniques of exposure.

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