The rights of HIV / AIDS patients according to Indian laws are as follows:
Right to treatment
People suffering from HIV / AIDS have the same treatment as any other person suffering from any other illness. Their right to treatment and care can not be withheld because of their HIV positive status. Any denial of correct treatment and treatment of HIV-positive effects will constitute discrimination. Various directions have been issued by the Supreme Court of India for free treatment of HIV / AIDS for those who need it.
A matter where a petition was submitted by the man to a pregnant woman infected with HIV because she was denied proper treatment from the hospital, the Honble High Court of Delhi issued strict and immediate orders to the hospital for proper treatment and protection of health and life, the mother and her fetus . Instructions for arranging blood from authorized blood banks, as required, were also given by Honble Court.
Every person who has been exposed to HIV / AIDS has the right to maintain his / her HIV / AIDS status privately. There are a number of holdings where the courts have sentenced in favor of HIV-positive. They may use the names of the court to conceal their identity.
The Supreme Court of Mr. X v. Hospital Z accelerated that everyone suffering from this epidemic deserves full sympathy and respect, just like all other people. The denial of job opportunities for HIV patients is unfair and illegal. It was further argued that while it is the patient's right to maintain his status as HIV private, the right to privacy can be enforced in situations where the patient is in danger of transmitting the disease to his husband.
Right to discrimination and the right to employment
HIV-positive, just like any other citizen in India, has the right to unfair and prejudiced treatment. They can not be denied employment and can not be expelled from their current employment on the grounds that they are HIV / AIDS patients.
Aside from the legislation and various acts mentioned above, there are some other provisions specified in the Indian laws. India's constitution guarantees HIV patients with the right to equality in Article 14 and the right life and freedom of Article 21. Some of the remarkable laws are: Indian Medical Council Act, 1956, Immoral Traffic Prevention Act 1986. The National Assistance Control Organization has issued a number of pre-evaluation guidelines of the employees suspected of HIV.
The government should adopt legislation that specifically prohibits and punishes public and private companies or organizations or offices that are observed to show discriminatory behavior against HIV / AIDS patients. It should mean heavy punishment if any company is proved by claims to have discrimination against HIV-positive.
Promotions of HIV-positive rights awareness must be planned by the government from time to time. Also, different private societies and NGOs should be encouraged to become part of the campaign and reach out to those people who are less literary or living in remote areas.
A National Action Plan is the current need for HIV-positive effects in India. Laws may have been formed, legislation may have been adopted, but there is still a sense of otouchability among the people towards HIV positives.
People living with HIV / AIDS and people who are related to them must understand the connection between human rights and HIV / AIDS. More confirmation of the programs and HIV / AIDS prevention and control policies is not enough. Subsequent pursuit of such a policy is necessary. Discrimination against HIV-positive in itself is the destruction of the Constitution, ie violation of Article 14 of the Constitution in India. It's time we stop treating HIV-positive as otouchables and start sympathizing with them. It is the urgent need for society that people's perceptions towards HIV society should be changed.
Only lonely politics can not work for their improvement if society itself is afraid of a feudal mentality.