The civil society organizations in the country have expressed disappointment over the HIV/AIDS (Prevention & Control) Bill which was passed in Rajya Sabha on March 21, 2017 as, they regret, the Bill has not addressed the demand for the removal of the phrase ‘as far as possible’ of clause 14(1) that pertains to treatment of the HIV affected people. These organizations argue that in the present form, the Bill does not ensure free and complete treatment to people living with HIV.
Ever since the Bill was tabled in Rajya Sabha in February 2014, the HIV positive people in the country have been demanding the deletion of the term ‘as far as possible’ from the Bill which sought to prevent and control the spread of HIV and AIDS, prohibits discrimination against persons with HIV and AIDS, provides for informed consent and confidentiality with regard to their treatment, places obligations on establishments to safeguard their rights, and creates mechanisms for redressing their complaints.
Although the amendment to remove the phrase “as far as possible” from the Bill received overwhelming support in Parliament, these organizations are now surprised that the amendment was withdrawn by the Opposition parties at the last moment.
Senior members like Oscar Fernands, Jairam Ramesh, D. Raja, Tiruchi Siva clearly supported the deletion of the phrase and urged Union minister J.P. Nadda to make the amendments. But, in unbelievable turn of events, the members withdrew the amendment and gave a way to Bill to pass thereby diluting central and state government’s obligation to provide complete treatment rendering the right to life-saving antiretroviral therapy, the civic society organizations said.
Since the process of this Bill started in 2006, people living with HIV of this country have been demanding universal and complete treatment as a right under this Bill. However, the Bill which has been passed in the Parliament fails to do that. The Bill under Section 14 (1) only states that central and state governments shall take measures to as far as possible provide antiretroviral treatment, diagnostics and treatment for opportunistic infections to people living with HIV, they regretted.
Deletion of the term ‘as far as possible’ from section 14(1) has been the major demand ever since the Bill was tabled in Rajya Sabha in February 2014. Universal access to treatment is a stated goal of National AIDS Control Organisation of the Ministry of Health. “As far as possible” dilutes the objective with which India’s AIDS programme has worked so far. It has registered major achievements such as reduction of deaths.
“My virus inside only listens to ARV (HIV medicines), not verbal assurance from the government,” said Paul Lhungdim, president Delhi Network of Positive People (DNP+)
“I am very sad and angry. We, the community of People Living with HIV, cannot and will not accept this Bill, as the contentious clause "as far as possible" is not removed. This HIV Bill, instead of protecting and safeguarding our welfare is now protecting the government and politician. This is not our Bill, we don't accept it. The Health Minister verbal assurance that no one will be denied treatment as India will adopt "test and treat" policy, is very welcoming but this has no constitutional or legal status. We want concrete assurance and safeguard of our treatment in the Indian Constitution”, said Loon Gangte Regional Coordinator-South Asia International Treatment Preparedness Coalition (ITPC).
Anand Grover, the Director of the Lawyers Collective stated that, “There are few issues also which need to be addressed but the primary one which had to be addressed deleting the words, “as far possible” in Clause 14(1) relating to treatment measures. It is extremely unfortunate that despite the overwhelming support for this was not pursued. The Lawyers Collective strongly urges the Minister to delete those words as also look into other glitches in the Bill which have already been pointed out.”