HIV & Human Rights
www.infochangeindia.org
Saturday, 18 May 2013
HIV & Human Rights

Marginalised populations: outside the pale

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It is difficult for preventive and harm reduction strategies to reach marginalised populations - who are often most at risk - because the law sees them as criminals. Atiya Bose and Kajal Bhardwaj of the Lawyers Collective argue for a change in such laws regarding MSM, sex workers and injecting drug users

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Wanted: A special law on HIV

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Atiya Bose and Kajal Bhardwaj of the Lawyers Collective explain why a specific statute to address HIV/AIDS - its prevention, its treatment, and the manner in which we respond to the people most affected by it - is necessary. The HIV/AIDS Bill 2007, that is to be presented to Parliament, covers all these aspects

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Liability for transmission

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It is an offence under the Indian Penal Code to knowingly transmit the HIV virus. But greater clarity is required to determine that criminal sanctions are warranted and to specify the cases in which they may be imposed, say Atiya Bose and Kajal Bhardwaj of the Lawyers Collective

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Gender inequities

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Women, who have little ability to negotiate a safe and healthy life for themselves are more disadvantaged than men when it comes to HIV infection, and the law does little to protect them. Atiya Bose and Kajal Bhardwaj of the Lawyers Collective explain

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In the absence of a law, how do the courts decide?

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Protecting the rights of those affected and most vulnerable to HIV will create an environment in which stigma, violence and inequity will be lessened, thereby bringing the disease into the open and making it easier to treat and control. In India there is no law or statute that specifically addresses the issues that are raised in the HIV context. Both appellants and the judiciary make their complaints, decisions and rulings by extrapolation from a variety of law sources. Atiya Bose and Kajal Bhardwaj of the Lawyers Collective detail these sources of law

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