BREAKING BARRIERS: A student takes part in an HIV/AIDS awareness rally in Bangalore

Snehangshu Bhaduri, a resident of Serampore and a former coal firm contractor, tested positive for HIV in 1999 and his life has never been the same again. Once his HIV-positive status became known he was forced to leave the government agency where he worked. “I also lost several friends when they came to know about my illness,” he says with an edge in his voice.

But Snehangshu and the approximately 5.2 million HIV-positive people of India who face discrimination may get a better deal from society once the HIV/AIDS Bill is passed in the monsoon session of Parliament.

Drafted by the Lawyers’ Collective HIV/AIDS Unit (LCHAU) after rigorous consultations across the country, the Bill seeks to establish a humane and egalitarian legal regime to help the support, care and treatment of HIV/AIDS affected people. The Bill’s principal aim is to oppose discrimination against HIV-positive people in all spheres of public life, including the private sector.

Even today, HIV-positive people usually get a raw deal from society. Children affected by the disease have been thrown out of classrooms, non governmental organisation (NGO) interventions on HIV/AIDS with sex workers have been castigated, people have been sacked and refused treatment ? the litany of their woes is a long one. To end this discrimination, a process of drafting a Bill began in May 2002 at an International Policy Makers’ conference in New Delhi. An advisory working group was convened on the draft legislation chaired by the working president of the National Aids Control Organisation.

The proposed Bill recognises six basic rights of HIV patients: the right to equality, the right to autonomy, to privacy, to health, to a safe working environment and to information. “The draft Bill, if passed, will certainly help HIV positive patients to tackle the widespread mistreatment and rejection and the problems associated with the stigma of AIDS,” says Dr Subhasis Kamal Guha, associate professor at the School of Tropical Medicine, Calcutta. Having treated many AIDS patients, Dr Guha feels that the Bill will significantly improve health care services for people affected by the HIV/AIDS virus.

The architects of the Bill say that it takes a holistic approach to bringing justice to victims of HIV/AIDS by involving all sections of society. “Under the Bill, no person may be discriminated against in employment, healthcare, travel and insurance on account of their HIV status. Informed consent would be required for HIV-related testing, research and treatment,” says Kajol Bharadwaj, a legal consultant at Lawyers Collective HIV/AIDS Unit. The Bill also guarantees the confidentiality of HIV-related information and specifically outlines the exceptions for disclosure, adds Bharadwaj.

Two important provisions relating to disclosure are “partner notification” and “duty to prevent transmission”. The exact protocol for a healthcare provider to inform the partner of an HIV-positive person of his or her status is also outlined.

The Bill has critics, though. Jack Preger, who runs Calcutta Rescue, an NGO that provides critical drugs to HIV/AIDS patients, believes that a law to prevent discrimination against HIV/AIDS patients might actually prove counterproductive. Preger says unwilling employers forced to hire such people under pressure of the law might actually become more hostile if they do not develop the right mindset to recognise their rights. Preger feels “education and sensitisation are as, if not more, important than legislation.”

Snehangshu Bhaduri agrees with Preger’s assertion. “The stigma of being an AIDS patient can lead to negative perceptions that can be far more insidious and painful than any overt discrimination, rejection or abuse. Legislation is good but the stigma can only be erased through education,” he says.

The draft Bill does advocate counselling to deal with HIV/AIDS transmission and prevention. It also seeks to address the legitimate concerns of all citizens regarding HIV/AIDS and not just those of affected persons. People are encouraged to come in and get themselves tested.

The odd critic apart, most people who work with HIV/AIDS patients are upbeat about the proposed legislation. “There is an inherent tendency among people to discriminate against HIV positive patients,” says Subhankar Roy, programme officer at the Family Planning Association of India. The new Bill may aid officials to be more sensitive in dealing with HIV/AIDS victims and their families, he adds.

Additional reporting by Anirban Das Mahapatra in New Delhi

NEW DEAL

The Bill recognises:

• The rights of prisoners with HIV/AIDS
• The vulnerability of women to HIV
• The right to speedy trial in court
• The right to empowerment and compassion
• The right to informed consent during vaccine trials