The much-delayed HIV/AIDS Bill 2006, seeking to end discrimination against HIV positive persons and to ensure access to right to treatment for the affected people as part of the constitutional right to health, will be delayed further as the Union law ministry has returned the Bill to the health ministry after making sweeping suggestions. The law ministry has asked the health ministry to examine its suggestions and send back the Bill for final clearance.

As the inter-ministerial clearance will take its own time, the chances of tabling the Bill in the forthcoming Parliament session that commences on December 10 are remote. "We are presently examining the suggestions made by the law ministry. We are not sure whether the Bill can be tabled in the next session of Parliament. But chances are dim," a senior health ministry official said.

According to sources, the law ministry has made some sweeping changes in the Bill. It is learnt to have deleted crucial sections on information, education and communication from Bill. Besides, the law ministry has deleted the entire chapter on access to treatment, which has come as a surprise to the health interest groups working on it. However, details about the law ministry's suggestions could not be fully obtained as the officials refused to divulge details.

The Bill, drafted by an NGO working in the health sector Lawyers Collective, aims to prevent and control the spread of HIV/AIDS and also to protect the rights of those infected and affected by HIV/AIDS. It seeks to address discrimination in employment, education, healthcare, travel, residence, accommodation, insurance, etc.

The Bill, which has been pending with the government since August 2006, also addresses the issues such as requirement of informed consent, guarantee of confidentiality, right to access to treatment and work, protection strategies, creation of mechanisms like institutional grievance redressal machinery, health ombudspersons and HIV/AIDS commissions.

The Bill also seeks to guarantee confidentiality of HIV-related information (including HIV+ status) and exceptions to it. It seeks to make the right to access treatment related to HIV/AIDS as part of the right to health recognized under the Indian Constitution and the International Covenant on Economic, Social, and Cultural Rights to which India is a signatory. It provides for access to comprehensive HIV-related treatment including diagnostics, ARVs, nutritional supplements etc.