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iasparliament
September 12, 2018
14 days
164
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The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 recently came into force. Discuss how far the act would strengthen the rights of patients and cracks down on discrimination. (200 words)

Refer – The Indian Express

Enrich the answers from other sources, if the question demands.

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IAS Parliament 8 days

KEY POINTS

·         To end discrimination The Bill lists the various grounds on which discrimination against HIV positive persons and those living with them are prohibited.

·         These include the denial, termination, discontinuation or unfair treatment with regard to: employment, educational establishments, health care services, residing or renting property, standing for public or private office, and provision of insurance.

·         The requirement for HIV testing as a pre-requisite for obtaining employment or accessing health care or education is also prohibited.

·         Every HIV infected or affected person below the age of 18 years has the right to reside in a shared household and enjoy the facilities of the household.

·         It also prohibits any individual from publishing information or advocating feelings of hatred against HIV positive persons and those living with them.

·         To strengthen rights – The act requires that no HIV test, medical treatment, or research will be conducted on a person without his informed consent.

·         No person shall be compelled to disclose his HIV status except with his informed consent, and if required by a court order.

·         An ombudsman shall be appointed by each state government to inquire into complaints related to the violation of the Act and the provision of health care services.

·         The state and Centre must make diagnostic facilities, anti-retroviral therapy and opportunistic infection management available to all HIV-infected people, and ensure wide dissemination of the same.

Limitations

·         The biggest concern is that the Act requires the State to provide diagnostics and treatment for HIV ‘as far as possible’.

·         This dilutes state responsibility, and is contrary to the rights-based spirit of the Act.

·         Also, the Act does not clearly define the functions and powers of ombudsman and complaints officers.

Tapasvi 14 days

Please review

IAS Parliament 13 days

Good attempt. Discussing the limitation part as well would enhance the answer. Keep writing.

Nandadeep 14 days

Kindly review.thanks

IAS Parliament 13 days

Shorten the introduction part. Try to discuss the limitation part as well. Keep writing.

Sahitya 14 days

Please review 

IAS Parliament 13 days

Good attempt. Discussing the limitation part as well would enhance your answer. Keep writing.

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