NEW DELHI: The Union Cabinet on Wednesday gave its nod to a draft amendment bill proposing to punish those who discriminate against people with HIV and AIDS with a jail term of maximum two years along with a fine up to `1 lakh.
The meeting of the council of ministers, chaired by Prime Minister Narendra Modi, approved the “The HIV and AIDS Bill, 2014”.
The draft proposal intends to protect the interests of AIDS patients and those infected with HIV virus. The Bill proposes setting up of an institutional mechanism to probe complaints against those who discriminate against such people.
While proposing legal accountability, the Bill maintains that the offenders would be liable for a minimum of three months’ and a maximum of two years’ imprisonment.
“The bill makes it mandatory for state and the central government to provide Antiretroviral therapy (ART) as far as possible for the patients,” said Union Health Minister J P Nadda.
The Bill makes it clear that discrimination against HIV positive persons and those living with them will be among the punishable offences, which also include denial, termination, discontinuation or unfair treatment with regard to employment, educational establishments, health care services, residing or renting property. It also seeks to prohibit the requirement for HIV testing as a prerequisite for obtaining employment or accessing healthcare or education.
Furthermore, organisations with 100 employees or more must have a complaint officer to look into grievances of the persons with HIV and AIDs. “Every state has been mandated to have an ombudsman who will look into the offences. Even the insurance companies cannot discriminate against an HIV positive person and deny them their services,” added Nadda. The Centre aims to address the issue of stigma, besides providing an enabling environment to those suffering from HIV and AIDS to live a normal life. “The Bill requires that no person shall be compelled to disclose his HIV status except with his informed consent, and if required by a court order. Establishments keeping records of information of HIV positive persons shall adopt data protection measures. Every HIV infected person below the age of 18 years has the right to reside in a shared household,” said Nadda.