File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Legal Aspects Of HIV

HIV/AIDS is one of the biggest challenges faced by the world. Poor literacy level is one of the biggest reasons for the spread of the disease. The virus attacks the immune system and makes the body vulnerable to various types of life-threatening infections such as cancers.

HIV is transmitted mainly through sexual intercourse (including oral, vaginal, and anal sex), through transfusion of infected blood, by use of non-sterile, HIV infected or contaminated syringes and needles and from an infected mother to her unborn child and through lactating. HIV infects vital cells in the human immune system such as T cells. A view to protect the rights of patients suffering from HIV and to spread communicable diseases is an offense.

The Government has provided various rights to the HIV patient, but duty is imposed on the HIV/AIDS patient to prevent transmission of HIV virus by various means. Indian Government follows SOP for prevention and giving medications to HIV person, and they maintain the record of HIV patients so that they can easily get concerned related drug from the government hospital.

HIV patients who had first- line antiretroviral therapy prior to 2004 but who became resistant to these drugs will now receive the lifesaving second line treatment free of cost from NACO.

India has taken several steps to protect HIV /AIDS persons by providing a number of pacts. The Universal Declaration of Human Rights also states that the perception of non-discrimination is fundamental to human rights law. This equally applies to humans suffering from HIV/AIDS as they have to face a very high level of humiliation and discrimination. This article takes in-depth about the criminal elements of HIV AIDs in the world as well as its awareness in our country India.

HIV/AIDS is one of the biggest challenges confronted by the world. The socioeconomic repute of the country is related to myths that have made it more vulnerable to the disease. Poor literacy level is one of the biggest reasons for the spread of the disease. There is a very serious social stigma attached to this disease. People infected with HIV/AIDS are discriminated against everywhere and this disease is not totally cured but measures can be observed to forestall it and in addition, spread.

Providing knowledge and creating awareness among people about the disease, its causes, and its effects can help to prevent and further spread. Acquired Immune Deficiency Syndrome (AIDS) is the breakdown of the immune system. This is the closing stage of HIV infection, which causes extreme damage to the immune system and causes fatal infections. It is a sickness in which the human body's defense system is weakened AIDS is triggered by a virus known as Human Immunodeficiency Virus (HIV).

The virus attacks the immune system and makes the body vulnerable to various types of life-threatening infections such as cancer and T.B. HIV is transmitted mainly through sexual intercourse (including oral, vaginal, and anal sex), through transfusion of infected blood, by use of non-sterile, HIV-infected, or contaminated syringes and needles, and from an infected mother to her unborn child. An Effective vaccine still does not exist. Millions of others are at risk of infection in the next decade, including many vulnerable populations such as women, children, men having sex with men (MSM) and commercial sex workers.

Medications of HIV+

HIV patients who had first line antiretroviral therapy prior to 2004 but who became resistant to these drugs will now receive the lifesaving second line treatment free of cost from NACO. Second line treatment is quite expensive and not affordable to the common man. ART is only the addressable treatment that prevents HIV. These drugs slow the replication of HIV and delay the decline of immunity and lead to the improvement in the quality of life and survival.

The Bench had made it clear that it was not for the state that finance is a hindrance as the matter pertains to human life.1 In India 2.3 million is infected.2The first line drug cost in India Rs. 5000 per month and second line drug cost 35000 per month. Second line drug is called a lifesaving drug. Parveen (NGO member) said In India only antiretroviral therapy (ART) drugs are given free rest of the cost has to bear for secondary diseases such as eczema.

Other countries that are providing free medications to HIV+ patients Zambia, Thailand, Ethiopia, Brazil, Botswana, Tanzania, Senegal 3. In countries like America only a few health care centers are providing free or low-cost care to people. The Cost of medications occurring in America is about $420,285 (2019 US$) discounted (3%) and $1,079,999 per year, it can be compensated if opted for health insurance and same as in Canada value of the dollar may vary.

Entry is restricted to people with HIV+ in many countries like Canada. This means that foreigners with HIV+ may be refused entry, denied permission to work or settle, or even be deported. Some countries ban all foreign HIV-positive persons from entering a country; others have no entry restrictions for tourists but require individuals to be HIV negative to apply for a work or residence permit such as Canada. China and America are two examples of countries that recently lifted their restrictions on HIV-positive visitors.4

Can Antiretroviral Drugs Stop Transmission?

The HIV, HBsAg, and HCV is a combination rapid test for assessing these three infectious diseases (HIV, Hepatitis B, and Hepatitis Another CD -4 count test is used to measure the immunity levels of an infected person, the damage covered by the virus. Healthy adults have 500-1500 cells cubic millimeter. As an infected person goes down to 60 cells cubic millimeters. ART is indicated when a positive person registers a CD-4 count under 200 cubic millimeters.

The risk of HIV transmission is eliminated by antiretroviral drugs5. For each couple, one of the partners had HIV and was taking antiretroviral drugs to suppress it. Antiretroviral therapy suppresses it from making copies of itself. When a person living with HIV begins an antiretroviral treatment regimen, their viral load is reduced. For almost everyone who starts taking their HIV medication as prescribed, the viral load will drop to an undetectable level in six months or less.

And unable to pass until the patient continues to take HIV treatments and remain undetectable. This means a patient can go for cohabitation without a condom without worrying about passing HIV on to a partner. PrEP (pre-exposure prophylaxis) is medicine people at risk for HIV take to prevent getting HIV from sex or injection drug use.

PEP (post-exposure prophylaxis) means taking medicine to prevent HIV after a possible exposure. PEP means taking emergency medications to prevent potential exposure to HIV must be started within 72 hours. The above drugs are not expensive. Biologically implausible transmission through kissing, sharing food, and mosquito and animal bites have been no documented cases.

Legal provisions
With a view to protect the rights of patients suffering from HIV. The Ministry of Health and Family Welfare (Prevention and Control) Act, 2017. This was done after the landmark move of the Supreme Court to do away with the provision of section 3776 of the Indian Penal Code (IPC).

This Act also sought to prevent and control the spread of HIV and AIDS and further created a procedure for redressal of any complaint related to this issue and establishments necessary to protect their rights. In addition, this Act also stated that no HIV test, medical treatment, or research may be permitted to be carried out on any person without his consent, and also, no character shall be sure to divulge that fact.

Not that they are suffering from HIV to get employment or any service. The Immoral Trafficking Prevention Act prohibits all persons from publishing any facts or advocating any unpleasant feelings of hatred against HIV-positive7.

And it is related to sex workers in India. Named HIV reporting raises privacy concerns, with advocates claiming that it deters people from being tested. Jurisdictions varies in their approach to HIV reporting, with some requiring names to avoid duplication, and others requiring a unique identifier to protect privacy.

Legal authorization for partner notification is also used to enable public health professionals to track and prevent HIV infection to seek information about an infected person's sexual and needle sharing partners, this will encourage the infected person to voluntarily inform their partners of the risk of HIV infection. If an infected individual is willing or unwilling or unable to notify partners, then they officially may legally be authorized to do so as in Singapore. In contrast, governments in Bangladesh prohibit disclosure without consent.

The Medical Council of India has positive obligations toward HIV patients such as disclosing statistics about their conditions. HIV/AIDs BILL,2007 The Bill is applicable in the matter of discrimination against HIV/AIDS patients in employment. education, healthcare, travel, insurance, dwelling, property, etc., relying on their HIV status.

The Bombay High Court has held that a person, can no longer be denied employment merely on the ground that he or she is HIV 8. It further guarantees confidentiality. The Supreme Court of India has also held that the patients suffering from 'AIDS' deserve full sympathy and deserve all respect as human beings. Medical Council Act if he risks of spreading it to his potential spouse.

Since acts likely to spread communicable diseases are an offense, the hospital's failure to inform the spouse of the disease would make them participant offender9. Undertrial had been denied antiviral therapy (ART) against AIDS the Delhi High Court directs the Government to provide therapy 10. A duty is imposed on the HIV/AIDS patient to prevent transmission of HIV virus by various means.

The HIV/AIDS patients have been provided with universal and free access to comprehensive treatment for AIDS and its prevention, care and support. The Bill specifically affords safety of chance reduction strategies from civil and criminal liability and law enforcement harassment.

Negligently, donating the blood of an HIV patient to a pregnant woman who was later found to be infected with HIV+. In this case, the Indian Navy erroneously awarded the victim, a government job at Kolkata or the place where she desired, accommodation on her appointment on normal terms and conditions, a compensation of Rs. 10 lakhs from the date of filing of the writ petition @ 18% interest and medical treatment at the cost of the Government 11.

NACO National Aids Control Organization under the Ministry of Family and Welfare deals with the prevention and control act and its establishments and ombudsman11. Legal provisions on international conventions The Universal Declaration of Human Rights additionally states that the precept of non-discrimination is critical to human rights law.

This equally applies to people suffering from HIV/AIDS, as they face a very high stage of stigma and discrimination. People diagnosed with HIV are additionally entitled to the rights enshrined in Art.25(1) of the Declaration of the UN AIDS Guidelines, 1996 emphasizes the responsibility of the states to engage in law reform. It also courses the states to pick out legal limitations to improve an effective strategy of HIV/AIDS prevention and care. It would lay emphasize on training and conciliation and furnish for fast and positive administrative and civil remedies.

Constitutional Challenge to ban on the provision of antiretroviral drugs to HIV positive pregnant women, ensuing in tens of heaps of unnecessary infections and deaths; Alleged violation of the proper to health care services in s.27(1) and s. 28(1)(c) of the South African Constitution.

Progressive understanding. Whether there is an unrestricted proper to minimal core medical services; whether granting injunction alleviation and supervisory jurisdiction violation of the separation of powers.12 the antiretroviral drug Nevi rapine presented the practicable of preventing the contamination of 30 - 40,000 youngsters per year. The drug was presented to the Government for free for 5 years, however the South African Government announced it would introduce Mother-To-Child-Transmission (MTCT)13.

Nevertheless, many jurisdictions do not provide adequate legal support or funding for population-wide treatment programms due to political or resource -based constraints. In addition, patent laws and agreements supporting intellectual property interests may limit access to the most advanced medications in many countries14.

The Treatment Action Campaign (TAC) launched a constitutional challenge, alleging a violation of the excellent to get admission to health care choices Judge Chris Botha of the High Court dominated in favor of TAC, ordering that Nevirapine be made reachable to contaminated moms giving birth in state institutions.

Leena Menghaney reflects on a documentary film that has recently been released in India the director Dylan Mohan Gray's hard hitting documentary Fire in the Blood focuses on the AIDS epidemic, especially in Africa.

It systematically exposes how patents enabled Western pharma corporations to increase their profits while millions of people in the developing world lost their lives. It also chronicles the struggle by a few people, primarily, Zackie Achmat, a South African activist, and Peter Mugyenyi, a doctor in Uganda, as they campaigned for access to cheaper, generic drugs.

Many USA states repealed their sodomy laws in 2003. Supreme Court decision, criminal penalties against sodomy15.The crook hints at criminalizing the transmission of the Human Immunodeficiency Virus (HIV) which reasons the acquired immunodeficiency syndrome (AIDS) offered proper right here into place after the AIDS epidemic which passed off in the 1980s. In the United States, most of the states have crook hints involving the publicity and transmission of HIV.

The necessary thought in once more of the criminalization of HIV stays to supply up its spread. The current day emergence of pre-exposure prophylaxis has diminished the chance of an everyday man or lady being affected with the resource of way of the utilization of the virus and furnished a huge range of measures for HIV affected communities to manipulate the unfold of the same. It is indispensable to apprehend that the mere truth that a person is HIV top notch is no foundation to make him a crook or the cited act an offense. Most of these criminal laws are poorly drafted, vaguely worded, and archaic. Thus, they leave extremely good room for misinterpretation and misuse.

By bringing up this does now no longer help HIV-positive guys and girl who intentionally commit offenses, typically speak to me these touching on to sexual assault, then once extra factors out that any HIV-positive man or girl choose to know no longer be overtly punished in reality due to the reality of their clinical status. India now no longer has any unique prison recommendations in place to criminalize any HIV extremely right character for reckless or intentional transmission of the disease.

However, Sections 269 and 270 of the Indian Penal Code are many situations the groundwork of such prosecution and punishment of humans, inflicting to unfold of the virus amongst the non-infected people. Section 269 states that unlawfully or negligently mission an act per hazard unfold an illness unstable to existence is punishable with the advisable useful resource of six months imprisonment and/or a fine.

Similarly, Section 270 will extend the penalty to up to two years and/or a pinnacle notch when the act is a 'malignant act'. There used to be as soon as one case related to the transfusion of HIV-infected blood to four victims at one hospital, and the transfusion of HIV-infected blood to a pregnant girl at some fantastic hospital.

These are these stipulations of HIV transmission which surpassed off as a stop quit cease result of a mistake and did now no longer have the criminal intention. Such instances are dealt with in any different case as in distinction to instances in the region there exists a clear intention.

In some unique incident, four human beings have been charged with vicinity 328 of the IPC which covers trying to harm through poisoning, stupefying, intoxicating, or the utilization of unwholesome capsules the place traffickers of a female had been determined to have HIV.

In April 2020, an HIV-positive man used to be as soon as arrested after biting the finger of a police officer, making a try to strain him to return to domestic at some factor of COVID-19 lockdown. These are the instances that ought to be delivered beneath the purview of the regulations on account that these are carried out with crook's intent. These are those cases of HIV transmission by mistake not with a criminal intention. Criminalization of HIV transmission14 behind this idea remains to prevent its spread.

In the leading case Before trial accused was convicted under sec 376,313,307 IPC. The trial court observed that stepfather was aware that his acts could result in transmitting HIV. The Trial court observed the stepfather was guilty of an offense punishable under 307 IPC but later Delhi high observed that the appellant's had not raped the prosecutrix with intending to cause death. Thus, the court held that the appellant's conviction under 307 IPC couldn't be sustained and was accordingly set aside.16

Infection with HIV/AIDs is a disability, not a crime. Only those autonomous persons who's intentional or recklessness actions can be demonstrated to knowingly place others at risk of infection should be subject to potential criminal sanctions. India does no longer have any different criminal pointers in the vicinity to criminalize any HIV man or female for reckless or intentional transmission of the disease. Other international locations criminalize people with HIV for transmission, publicity, and non-disclosure of HIV status. HIV criminalization prosecutions include the severe punishment of unintentional, or 'reckless' HIV publicity or transmission.

In the Netherlands, entirely intentional HIV publicity or transmission is criminalized, making it one of the most modern world areas in the world when it comes to HIV criminalization. The Whole of seventy-five international areas with crook prison tips that in unique thing out HIV. HIV-specific jail hints are centered in three components of the world: the United States, eastern Europe/Central Asia and sub-Saharan Africa. In Russia, Ukraine and Belarus, any movement that may also moreover in addition, put any other man or woman at the hazard of sickness is punishable.

By imparting so many commonplace rights to them there ought to moreover be an accountability for them no longer to unfold intentionally disease, exhibit mercy on their groundwork of scientific reputation their crime can't be acquitted.

  1. Solicitor Gopal Subramaniam in supreme court 2011.
  2. NACO calculation and counting.
  3. WHO Fact sheet.
  4. William Pet Dec 2018.
  5. Minister of Health v Treatment Action Campaign (TAC) (2002) 5 SA 721 (CC).
  6. Criminalized of homosexuality.
  7. Violation of act shall attract imprisonment and fine up to 1 lakh u/s 37 of prevention and control act ,2017.
  8. G v. New India Assurance Co. Ltd AIR 18 April 1999.
  9. Mr. 'X' vs Hospital 'Z' on 21 September 1998. CASE NO.: Appeal (civil) 4641 of 1998.
  10. LX v. Union of India, LX on 30 April 2019
  11. P v. Union of India (2001) Kolkata High Court
  12. Satvik Mishra.
  13. Minister of Health v Treatment Action Campaign (TAC) (2002) 5 SA 721 (CC).
  14. TRIPS agreement and EC Laws.
  15. Minister of Health v Treatment Action Campaign (TAC) (2002) 5 SA 721 (CC
  16. TRIPS agreement and EC Laws
  17. Lawrence vs. Texas.
  18. Sabhajeet maurya vs State NCT of Delhi

Award Winning Article Is Written By:
  1. Adv.Shivani Bhasin and
  2. Dr.Divya Khurana
Awarded certificate of Excellence
Authentication No: OT228094700137-7-1022

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly