Natural Rights to HIV positives in India
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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