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Overview of HIV and AIDS in India research paper
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YEAR: 3rd^ YEAR EMAIL ID: malika77meena@gmail.com PHONE NUMBER: +91 7011083889 TYPE OF SUBMISSION: INTENSIVE RESEARCH DECLARATION OF ORIGINALITY: Declaration of originality – This is to certify that to the best of my knowledge the content of this article is written by me. This thesis has not been submitted for any degree or other purposes. SIGNATURE
Recent outbreak of Corona Virus all over the world has widely impacted the minds of common people as well as people in power. Due to this large outbreak of pandemic many counties have increased financial tenure to medical facilities and not to mention health is now the most important aspect which cannot be overlooked. World who was assured health facilities of developed countries wouldn’t have lacked anything turned out just and assumption. Poor leadership and solution to the once uncurable pandemic made the situation worse. HIV and AIDS is incurable disease which is worldwide feared. In 2018, Act for HIV/AIDS patient rights were released. India being the 3rd^ largest HIV epidemic in the world, there is an estimate of about 2.40 million Indians living with HIV and 83% are in the age group of 15-49years. About 39% of them are women, 79% people are living with HIV were aware of their status, of who 71% were antiretroviral treatment (ART). For mass population of India suffering from irremediable disease, India recognizes policies in The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and control) Act,2017, that ensures rapid spread of HIV/AIDS effective prevention in the entire country.
This act prescribes measures for the prevention and control of HIV/AIDS in citizen and ensures every person in the care and custody of the State shall have the right to HIV
infected with HIV/AIDS, particularly, women and children. (Statement of Objects and Reasons, ¶ 3 (Jan. 31, 2014), The Bill, p. 17.) India’s former minister of Health and Family Welfare, Jagat Prakash, stated that this law is ‘Historic’ and the legislation which was associated was also applauded. Steve Kraus of the U.N. AIDS Regional Support Team for Asia and the Pacific said that the “legislation begins to remove barriers and empowers people to challenge violations of their human rights.” The act contains 50 sections and 14 chapters which extends to the whole India. Definition of Acquired Immune Deficiency Syndrome, a condition characterized in section 2(a) of HIV AIDS Act, 2017 with the capacity to consent determined on an objective basis. The act denies or withhold any benefit, opportunity or advantage from any person or category of persons, based on one or more HIV-related grounds, and the expression “ discriminate” to be constructed accordingly. Chapter 2 talks about the prohibition of certain acts and against the discrimination. Chapter 3 talks about the informed consent which is subject to the provisions of the Act (Informed consent for undertaking HIV test or treatment). The Act also provides the guidelines for testing centers, etc. and disclosure of HIV status to the partner of HIV- positive person. In section 10 of the Act, it talks about the duty of prevention towards transmission of HIV. The act states the welfare measures by Central Government and protection of property of children affected by HIV or AIDS. In section 17, the Ac states the promotion of HIV and AIDS related information, education and communication programmes. Appointment pf Ombudsman and the power of Ombudsman is given in section 23 and 24 of the Act, with procedure of complaint and orders of Ombudsman in section 26 respectively. Recognition of Guardianship of older sibling and living wills for guardianship and testamentary guardianship is given in section 33(l) of this Act. Penalties for contravention are given in chapter 13 of this Act with the penalty for failure to comply with orders of Ombudsman. Law not only prohibits the isolation of the affected person but also gives the rights to live with dignity as any other human being. They can share household and are not subject to hatred based on the virus, which can actually hurt the sentiments of the person living in the society. They are subject to medical facilities and treatment same as normal citizen without
discrimination. Women infected from HIV/AIDS, can be subject to abortion or sterilization without her consent. In India each state has been also provided with Ombudsmen to inquire into violations of the provisions of the Act. The Ombudsman attracts a penalty up to Rs. 10,000 when not complied to orders. The order is passed in 30 days.
After COVID outbreak in 2019, we saw the world’s worst phases of virus widespread recently taking away 4.7 million lives in pandemic period of India, morally the society has become more aware of virus outbreaks and need of medical sectors to be stronger than of defense and strategies. AIDS is very serious medical condition regarded as fatal disease has impacted India as well. Although the law and government of India is standing against the infectious virus widespread and emotional turmoil caused to the affected people by protecting their rights still there is lack of spotlight on how serious and incurable situation this disease might get in. Law protecting both, Male and Female gender tend to generally overlook Transgender community who are at 49 times more risk of living with HIV compared to the general public. This already facing discrimination community lack legal exclusion and economic vulnerability and are at increased risk of experiencing violence. The HIV – related stigma and transphobia creates barriers in this Indian society which makes it hard for them to access of HIV testing and treatment services by transgender people. Being on the high risk of HIV transmission, many factors like stigma and the discrimination affects them. India is one country where HIV services have been successfully targeted at transgender people – reaching an estimated 83% of the transgender population. They have also made marked steps in officially recognizing transgender people, also called Hijras, as a third gender. Many NGOs have already realized the vast drawback in the act whereas many successful prevention programmers are being conducted for Transgender people.
