HIV and AIDS (Prevention and Control) Bill, 2017
14-Apr-2017: Parliament passes HIV and AIDS (Prevention and Control) Bill, 2017.
Parliament has passed a crucial Bill to ensure equal rights to the people infected with HIV and AIDS in getting treatment and prevent discrimination of any kind. The Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome - AIDS (Prevention and Control) Bill, 2017 was passed by the Lok Sabha on 11th April and by the Rajya Sabha on March 21 this year.
HIV infection in India was first detected in 1986 amongst female sex workers in Chennai. Though the prevalence of HIV has been decreasing over the last decade, the country still has the third largest HIV epidemic in the world only after South Africa and Nigeria. India’s newly passed HIV bill is the first of its kind in south Asia. South Africa and Nigeria have also passed laws banning some forms of discrimination. There are approximately 21 lakh people estimated to be living with HIV in India. The country reported around 86000 new HIV infections in 2015, showing 66 per cent decline from 2000. Around 68000 people died of AIDS related causes in 2015. The Bill would support National AIDS Control Programme in arresting new infections and achieving the Sustainable Development Goals target of ending the epidemic by 2030.
One of the main reasons such a law was required in the country is that HIV/AIDS has been associated with a lot of stigma and discrimination. Though discrimination has diminished over the years due to government efforts and contribution of civil society, it continues still. The new law will go a long way in ending this discrimination. The Bill defines discrimination as denial or discontinuation of employment, education, healthcare services, renting or residing property, public or private office, insurance and public facilities. Unfair treatment in any of these categories by State or any person will be seen as discrimination, inviting action.
The Bill states that nobody should be tested for HIV as a pre-requisite for securing a job, accessing health care or education. It prohibits publishing of information or advocating of feelings of hatred against HIV positive persons by anybody. For ensuring privacy, the Bill prohibits HIV testing or medical treatment without informed consent. However, informed consent does not include screening by licensed blood banks, medical research or any such purpose where the test is anonymous and not meant to determine the person’s HIV status. An HIV positive person will be required to disclose his/her HIV status only if required by a court order.
There are also penal provisions for discrimination and breach of confidentiality. Whosoever does not adhere to the provisions of the bill, will be penalised. Civil and criminal proceedings will be launched against such persons. Action would also be taken against those who attempt to block the implementation of the bill.
Violating the confidentiality of HIV positive persons could lead to imprisonment of upto two years and a fine of upto Rs one lakh.
Though treatment for AIDS or anti-retroviral therapy is currently free in government hospitals, the Bill goes a step further by making treatment a legal right of infected people. “Every person in the care and custody of the state shall have right to HIV prevention, testing, treatment and counselling services,” it says. Therefore, the central and state governments will provide treatment for AIDS and opportunistic infections along with infection management services. The central and state governments will also have to take measures to prevent the spread of HIV or AIDS and facilitate access of persons with HIV or AIDS to welfare schemes especially for women and children. The government spent Rs 2, 000 crore on anti-retroviral therapy last year.
The newly passed Bill has provisions to safeguard the property rights of HIV positive people. Every HIV infected person below the age of 18 years has the right to reside in a shared household and enjoy the facilities of the household. It also states that cases relating to HIV positive persons should be disposed of by courts on a priority basis. If, an HIV infected or affected person is a party in any legal proceeding, the court may pass orders that the proceedings be conducted by suppressing the identity of the person, in camera, and to restrain any person from publishing information that discloses the identity of the applicant. When passing any order with regard to a maintenance application filed by an HIV infected or affected person, the court shall take into account the medical expenses incurred by the applicant.
The Bill requires appointment of ombudsman by each state government to inquire into complaints related to the violation of the Act and the provision of health care services. The Ombudsman shall submit a report to the state government every six months stating the number and nature of complaints received, the actions taken and orders passed. There is also a provision of penalty of Rs 10,000 if the ombudsman’s order is not complied with.
The process of drafting the Bill had started in 2002, when the need for a law was recognised by civil society members, people living with HIV and the government. The Bill is an initiative of the Lawyers Collective, a non-governmental organization. It was presented to the National AIDS Control Organisation (NACO) in 2006. The Bill was drafted after nationwide consultations with stakeholders including people living with HIV, communities most vulnerable to HIV infection such as sex workers, men having sex with men, transgenders, and drug users, healthcare workers, children’s organisations, women’s groups, trade unions, lawyers, and state AIDS control societies.
Two-child norm
10-Apr-2017: Two-child norm mandatory to get govt. jobs in Assam
The Assam government has released the new draft population policy.
The policy suggests denial of government jobs to people with more than two children. Any person getting a job after meeting this condition would have to maintain it till end of his service.
For employment generation schemes like grant of tractors, houses and for other government benefits, this two-children norm will be applicable. Besides, all elections such as panchayats, municipal bodies and autonomous councils held under the State Election Commission will also have this norm for candidates.
The policy also aims to make education up to university level free for all girls. This includes facilities like fees, transportation, books and mess dues in hostels. This step is likely to arrest the school dropout rate.
The proposed population policy also seeks to debate on increasing the legal age of marriage from 18 for girls and 21 for boys. If anybody had child marriage then he would be ineligible for government job. The policy would also seek stringent laws to prevent violence and sexual abuse of women.
Besides, a proposal for providing incentives is included for poor persons, who take care of their elderly parents. The policy will also care for the adolescents.
The policy proposes to set up a State Population Council and a State Population Research Centre.
Central Consumer Protection Council(CPCC)
17-Apr-2017: 31st Meeting of the Central Consumer Protection Council
Union Minister of Consumer Affairs, Food and Public Distribution, has said that the government is working on mechanism to stop adulteration in packaged water.
Department of Consumer Affairs has requested FSSAI to prepare a low cost testing machine which can be useful to check adulteration in various food products.
Department of Consumer Affairs will launch 6 Regional Consumer Helpline in next 3 months. State Governments have been requested to provide necessary support for establishment of Regional Consumer Helpline. The department will organize Consumer Awareness Yatra involving the States/UTs and the voluntary consumer organisations from 15th August 2017 to 24th December 2017.
The topics discussed in the meeting included the points put forth by the Members on challenges in combating adulteration, strengthening the enforcement machinery and testing Infrastructure, training and capacity Building of all stakeholders, consumer advocacy, capacity building of Panchayati Raj Institutions and other Rural Development Functionaries to spread consumer awareness in the rural areas, setting up a Regulatory Authority for E-Commerce and National Consumer Awareness Yatra.
Suggestions from the Members were also sought on issues like service charges being charged by hotels and restaurants, awareness on wastage of food, legal metrology activities such as sale at less than MRP, Jagrook Grahak Kendra and rising awareness, issues related to food adulteration and fake and spurious goods.
The Officers from the Central Government Regulatory Agencies including FSSAI, BIS and officers from State Governments and representatives from Voluntary Consumer Organisations participated in the meeting.
The Central Council emphasized that the Working Groups constituted with its members should continue working on issues affecting the consumers and make recommendations/suggestions for consideration of the Government.