Infringement of rights and High alert of Stoical Sufferers

Garima Jargar


“Equality without segregation among people plays a crucial role for development of country like India, which is been considered as a Democratic rule and a strong believer of – theory of Mixed economy, surely has enacted many law and provision which is been made as per the needs and necessities of the people living in the society. As endorsement and execution of the law are made and constructed by the government for welfare of the people and growth of the economy. The main purpose of writing this research paper is to safeguarding all the interest of the people, that are imposed for the further legal provision which has not been evenly followed towards the people having or tested positive with a deadliest disease name HIV/AIDS. The main agenda is to highlight some effective information related to the treatment, violation, implementation and punishment to the people, as per the statistics of 1985, there was no law which was made by any country comprehensive under the PLWHA’s i.e. People Living With HIV/AIDS. There were many approaches which includes the societal health as a whole like coercive, facilitative and compensatory. If there is any type of violation or breach of the duty then precise penalty and punishment should be imposed on an individual. The crucial objective is to disclose the cure and find an alternative way for the challenging status of the people living in all over the world. The examination and investigation of research is on the platform which will deal among economic, social and educational criteria, moreover this particular topic gives an elaborative context of all the possible scenario of challenges which is been faced by the people who tested positive HIV/AIDS in India and remedy for the damages in the society.”

Keywords - Human Rights, PLWHA’S, ill-treatment, Democratic Rule and Equality.


The modern era which is been termed as 21st century has a hypothetical presumption which state that everything is obstacles free as there is no barriers for any individual living in the society, but accidently this presumption is been considered as a wrong statement. Now, also many groups of people which is been scattered all around the globe faces a huge amount of segregation on the basis of different criteria like – race, caste, sex, gender, place of birth, habitats and disability etc. Under the element of disabilities there are many sections in which overall law and order was framed with reference of abolition of every sort of discrimination under every circumstances and situation. As stated in every jurisdiction that India is a developing country which have many specificities that includes bicameral, federal ad democratic legislature. Having everything controlled under the will and necessities of the citizen, then also these group of people living in the society segregate in very minute element exist in the normal public. The guidelines which is adopted by the government was for the promotion and progress of Human Rights and that should be practical, positive approach, prevention and participatory norms. Diseases and disabilities can be distinguished in many forms it can be communicable and non-communicable; the diseases which can be spread all over by having physical contact will be headed under communicable diseases and which cannot be spread with having personal contact can be termed as non-communicable.[1]The guideline are set according to the impact and adverse effect of the disease and till what extent the particular disease can harm the society at large.

One of these discrimination among the public is the largest epidemic which spread throughout the world due to personal contact which is caused by STD’s [Sexual Transmitted Diseases]. This type of STDs can cause HIV/AIDS which can destroy an individual life as till now it cannot be eradicate so, it not curable. The segregation which is been barred because of health issues after having this type of STDs as it spread whenever an individual made any personal contact with another person. People who have tested positive from this particular disease faces the biggest challenges all over the world. As a human being there is always a misconception that the crowd which is separated from the society is of no use and moreover it does not belong to the existing guild but the embittered circumstances is that – the main culprit who segregate the people who are suffering with disorder or any kind of disease is the mentality of the people which enhance the behavior. As the research have a limited scope and objective which will be dealing till the boundaries of India and how the people handle with these sort of problems as well as issues.[2] The interesting facts which should be disclosed in front of the general public is that India is been ranked as third largest epidemic country which consist of 2.2 million people as HIV positive, however more than half of the population have the main concentration regarding the sex worker & labor which includes women as well as men. Despite of have free access to the hospital for getting treated from antiretroviral infection for the HIV/AIDS people even though they are not getting the allowance for entering the hospitals and medical center.

Even though there is a separate Bill which is been executed by the parliamentary for the HIV/AIDS people for their welfare and to conserve human rights in 2007. There is still presence of people who have been suffering from this particular disease for generation because the defined society is not that much well-aware about the following deficiency syndrome. If there will be any census conducted for knowing the statistics of the people tested positive and living with HIV/AIDS then there will be in millions of counts and still uncured. In the country like India, there are more teenagers active than older people, and this is the main reason that the largest population which has been under the epidemic of HIV/AIDS are the children who have their age group between 16 – 35 year. As a developing country, the backbone and the strongest part of the economy lies on the working class that includes both the major population as well as minor children – when they ae been forced to work for their living. For the earning people withdrew from schools and many institutions for the replacement of their acquaintance for the purpose of work. This particular disease does not detect easily not like other disorder but it takes time until and unless it is been spread throughout the body. Still, all over the world is been failed to find any type of permanent cure against HIV/AIDS for protection of the people, till now there are more than three million people who have been suffering from the deadliest disease all over the world. After the commencement of independence our constitution has framed many provisions for the equal opportunities in every sense for the prevention of the ill-treatment of the HIV/AIDS people. Facing all the defined circumstances and challenges the disease is not considerably curable but if it is in the isolation then it can be prevented from spreading as if any fluid including sweat, physical contact or anything else which enhances an individual or with accidental of exchange of fluid then it can be dangerous and further it can be spread.[3]

Challenges and Backwardness

Population of the people have tested positive in HIV/AIDS should be granted a proper level of hygiene maintenance which can prevent the further spread of the disease. Despite of having many legal provisions which includes Bills, Act and many more implemented against the stigma related to the immoral sexual activities, people are still not able to cope up with the unwanted health situation. In 2001, an interesting data came up from the side of government that the fastest curing patients was from India itself. Over last few decades within the territory of India government and states are taking initiatives for the enhancement and expansion for the betterment of the patient outsets. NACP [National AIDS Control Program] was the testing plan which was executed and evolve a lot of upliftment from the general public to provide with HIV testing and preventing the disease to spread at large. Schemes and programs which is elaborated or launched for testing the population that within what proportion the recovery is needed for providing the people which the medical treatment as well as facilities.

Challenges Faced within the society by the people who have been diagnosed with HIV/AIDS patients -

a) Unhealthy conditions of the people led to low morals value which focuses on the principle in which the people often compare with other members to lower the confidence. In few case many people do not wanted to fight though commit or conduct any illegal or criminal offence due to lack of self-esteem.

b) Lack of awareness regarding the diseases, disorders and disabilities which is been suffered by the population. Specially the rural portion of the Indian society there is limited amount of development though the maximum level of upliftment is need in an efficient manner.

c) Segregation from educational and health centers, which ultimately play a huge impact in the society for the growth and development as the awareness was not enough efficient for the purpose of enhancement. Due to which the children and all the community people have a mindset that every disease will be communicable and that will subsequently cause devastation within the boundaries.

d) Gender discrimination among people which consist of mostly – girls/women more vulnerable to carry out the HIV transmission. The main reason for the consideration of the circumstance is - usually people prefer to practice the profession of brothels or prostitute.

e) Exploitations among the people living in the society is quite common in the contemporary era in which people face all different types of disparities among the society. There are many Constitutional guidelines and legal provision which enhance or grant the protection regarding the acts or omission which violates the rights can be prohibited.

f) Affects the growth of children in various perspective like - physically, mentally, emotionally and in every sense. Any type of disorder, defects or disease sometimes severely have a long-term impact over the lifestyle or the behavior of an individual.

g) Due to impartial knowledge, it also sometime ends up to giving improper medical facilities and treatment. Inefficient and less opportunities among the people cause a huge level of chaos and as an end outcome it leads to conflicts to fight against all the odds and misconduct. [4]

h) Denial of the rights and accountability are mostly caused due to the mismanagement or non-departmentalization of the authorities, another reason can be - non-allowance for residing within the place as they are been immorally segregated due to the disease, with this accordance treatment from the side of society is abusive.

i) Unfair treatment and misguiding about the medicine, the legal provision which support only by the actuarial studies. Setting up of all the hospitals with medical facilities and inbuilding many infrastructures for upholding the main agenda for giving the people – right to treatment and get medical access, was improperly implemented and hence leads to failure of providing the patients with all type of resources.

j) Hardship arises which refer non-perquisite and non-allowance for the purpose of accommodation as the people around always have a fear of impact of the effects. The numerous encounters are mostly faced by the people when they face a huge level of problem related to the relationships or change in the specified pattern of physical contact (intimacy) as per the required condition the advice of doctor restrict any type of sexual intercourse.

k) Sometime the cases (mostly of rural are) are not investigated properly due to the chronic disease and showing up with the burden and pressure from the community. Non-identification and lack of exploration of the facts can cause difficulties to search for the diagnose with reference to the management among the administrative authority.

This basic and specific protection against the violative activities are developed because of many people were not having any access to the actual legal procedures. This law is not different for particular group of the society and has all regarding implementation among defined individuals. Rural India are till now facing excessive level of difficulties to get the access towards either to the hospitals or to the courts. Due to lack of resources and facilities people who are living in the backward section are yet no been provided with necessary commodities as well as services which are crucial for the purpose of living.

Relationship Between HIV/AIDS and General Public

The relations between HIV [Human Immunodeficiency Virus] and AIDS [Acquired Immunodeficiency Syndrome] are reliable on each other but there is a mere thin line between these two terms which is HIV is the virus – which is used for the purpose of deteriorating the conditions of the people and it can only spread whenever there will be any type of physical contact among the individual but in AIDS – it is been considered as a condition which is followed by HIV and also termed as the last or 3rdstage of HIV.[5] The major differentiation between these two can be done on the basis that if - a person is having HIV can live with all the advance treatment and can expect a normal life span, while a person who has been infected with HIV it is not mandatory that he/she will suffer with AIDS too. Human immunodeficiency Virus, once started affecting the human body in various section like it will affect first immune system which can cause ultimate disease like TB, pneumonia and all the STDs related disease. Moreover, it is not compulsory that HIV will reach up to 3rd stage in fact many people live with HIV not having AIDS but with a proper treatment.[6]After this if the situation become more complicated and human body starts deteriorating then it became difficult to handle and cure the situation. The epidemic is been concentrated among the segregated population and the suffering people like sex workers, partners, and spouse in which the most common spreading disorder is having an illiterate knowledge about unprotected sexual intercourse. Prevalence and survey which have been conducted among the migrants are possessing heavy chance of been the patients of HIV/AIDS because of the displacement of the population and excessive use of drugs with all the different types of narcotics substances. There are many ways in which HIV/AIDS can be transferred from one person to another from –

· Physical contact with that person who already have HIV or AIDS.

· Exchange of any kind of fluids including sweat, blood, and use of common things or accessories.

· Sex or intimate without contraceptive devices or not having proper knowledge about the sex education.

· Sharing of syringes, needles and any operating tools, once it has been used before (the act can be due to negligence, lack of facilities as well as resources, accidental, or intentionally).

· A child in womb also suffer when the mother is been transmitted by the virus of HIV and mostly born with the disease.[7]

· By negligence if the blood of patient who have been suffering with HIV/AIDS is transferred to the normal person or get inject by mistake then also the fluid get spread and chances of having the symptoms of HIV.

In India the first diagnosed of HIV/AIDS was put forward in the year of 1986, in which the people living in the rural sector and all the marginalized people were having a perception of large spread of epidemic. General set of population who is been suffering with the stigma who has been recognized as the group of people that can spread diseases and tagged with the characteristics of the restricted communities. To maintain the stability and balanced ecological system Supreme Court has announced the judgement in which there is a proposal related to the stoical people by enforcing the HIV protection bill which ensure the mandatory notification regarding the people who are bee medical treated with this deadliest disease and another judgement was elaborated in 1998, in which the court has suspended the right towards PLWHA for the purpose of marriage which was later considered after the activism.

The behavior towards the people having HIV/AIDS is little bit awkward and has been widely segregated cause of a wrong presumption that the people make an unhealthy environment for the development. The main lacking and less of awareness regarding the attitude which are termed uncertain sexual behavior and all type of immoral activities can cause a wide gap towards the people who are suffering HIV/AIDS and the normal public. Places where all type of discrimination held irrespective of all the social norms and uphold a huge level of mental distress within the mindset of the individual are - Employment area, health care center, NGO’s, and normal gathering area of people. In the backward as well as upgraded section of the society the treatment is denied because of refusal of coming in contact, discrimination precautions, lack of confidentiality, poor and unhygienic environment or hospital.

Various Modes which Indulge for The HIV/AIDS patients and help to prevent the spread within the territory of India

Global commitment is the essential elements which is mandatorily required to control the HIV/AIDS pandemic with the recent decades due to the vigorous increase with respect to the speed and alarming situation within the boundaries. Serious health related issues are possessing a firm grip and it is difficult to eradicate from the society but efforts are been taken up by the population living in the country. Prevalence which are achieved through the breakthrough to stop the spread of patient has severely affected the growth rate as well as the belief in the legislature by the people. For the reduction of the cases India has put forth with many considerations regarding the extensive as well as monitoring data of the program which was made to prevent and care intervention. The previous census regarding the expansion of the epidemic was recorded as from the year of 2004 the people which was infected counts around 4 million people and after every year, the data went up with 1million and the pattern remains same. There were many schemes which was launched by the government to response with the prevalence theory was to concentrate on the statistic of the territory i.e. the prevention strategy which was considered as a mainstay is summoned as 100% in which 99% of people are uninfected and remaining 1% are infected which upheld a smaller proportion of the population, further it was determined as the main portion which can be prevented and restrict the growth of the disease. Rural area is lacking behind because of the resource development and improvement regarding the awareness for the purpose of preventable occurrence towards the infection. Therefore, for the main agenda of upliftment related to the medical treatment as well as varied type of right which are compulsorily giving to the citizen, through the awareness raising scheme. Protecting the people from the significant epidemic the National AIDS Controlling Program elaborated and emphasis on the maximum widespread reaching out of information & communication, education, and enhancing the sources for the limit of progressed detection which is unable to supervise the people of backward. Overall key propaganda was to create a deep thrust arena for the screening scenario with the help of three changes – knowledge, attitude, and behavior which can harm an individual either by mental or physical. Setting up the combating responsibility towards the people as well as government the following guidelines should be followed strictly for the deduction in the cases –

· Implanting advance screening setting and various centers for the detection of first stage of AIDS in which the medication can be started for further spreading through all over the body.

· Many progressed centers should be monitor to the avoidance related to further negligence and to provide with all the basic necessities such as availability of blood in the blood bank, specific medicine, and all the required with prescribed tools.

· NACP has launched the responses regarding the surveillance coordination with the hospitals, agencies, helping center set up in the rural area, and screening center for formulating the control policies.

· As India is a developing country and for the progress of the nation many factors are required and one of the most important segment is literacy rate which is quite low as per the census as well as execution of policies, so the implementing of the compulsory education order should be detailed for the ignorance of the unwanted circumstances.

· Programs and free volunteers should be in-charged for delegating the management with a proper highlight of health hygiene knowledge.

· Many strategies were intensified including consolidating all the preventive acts and involving the strengthen capacity by building up a consultative planning.

Supporting Systems: Governmental and Non-Governmental sector

For the further development of the population from every aspect whether from social, economic, financial to the position and segregation within the society. Main welfare can only be solved or cope-up with the support and enhancement of the people itself, as the general public is the one who have full and defined power as well as authority over the needs and necessities. Having a long - term prone diseases which cannot be cure just by the medicine but to provide every citizen equal opportunity over every perspective should be impartial that ultimately can provide with the peace, fair, and justice towards the people. The most primary and basic elements which should be covered over the upliftment of the continent is to spread awareness and facilities which should be the minimal efficiency towards the patients. HIV/AIDS are curable disease but if it is not been under the observation of the doctors then it can become worst and yet spread all over the body which can limit or restrict the chance of getting cured even though the people are taking care of it.

i. Health and Hygiene system – As the enormous challenges which has been faced by the people who have suffered or suffering by the stoical diseases mainly lies having a serious and deficient condition related to health and hygiene. The suffering population consists of mainly the poor and excluded population of the society, which neither do have any support nor any type of resources. Developing country like India, “the poor health section of people indicates poor and deficit form of economy”, more than 70% of the people prefer private service facilities for education, health and personal care facilities that is the main reason of lacking of the government sectors. The basic necessities and duties which should be followed by the medical council –

Ø Care and consent regarding the health as well as cure issue.

Ø There should be no confidentiality between doctors and patients.

Ø Warning sign regarding the health conditions.

Ø Alternative options for the benefits and awareness.

Ø Facilities inside and outside the hospitals.

Ø Duty of fear should be abandoned as if the doctor will not have any contact with the patient then only the main cause root will be detected.

ii. Educational system – More awareness can cause better facilities among the people for their recovery. If the medical treatment got struck for some issues then the education will be preferred more as the studies which has been defined performed help to have some final outcomes. As the literacy level in India is dropping a greater rate, the situation is defined and differentiated along the drop – out, poor people have no money, Dalits and girls. Many schemes and policies initiated among the people for uplifting the condition of the economy by boosting enrollment rate, which overall improved the literacy condition of the country but ultimately the educational rights remain silent. Under Indian Constitution, there has been executed law and order which has been exercised under the supervision of legislative tier of the government which state that there will be mandatory/compulsory education to all the children consisting age group of 6 to 14 year.

§ Fight against the unfair and partial treatment.

§ Differentiate between confidentiality of the defined, specific and particular information for further proceedings.

§ As the literacy level will increase automatically “right to employment” irrespective of all the societal and basic factors will be given.

§ Proper knowledge regarding medical tools, instruments and medicine.[8]

iii. Enforcement of various scheme – though AIDS cannot be permanently cure but people can be medicated to live in their normal as well as routine life. Medication emphasis on the quality matter of the life and the longevity which can act in both the halts of onset of the feasibility. Within the tenure of appropriate support and time, the spread of virus can be reduced and can be suppress the immunity with the help of Anti-retroviral Therapy [ART]. For the regular thematic NACO enhance the promotion of issues related to sex education (condom promotion), ICTC/STI/PPTCT treatments, services and stigma which should be campaigned in a mass support. Discrimination and vulnerability among the teenagers as well as the youth should be resolved by unite and fighting against the disease. Bilateral functioning and multilateral pattern are required from the local as well as global level to avoid the drain of money. The collaboration between the international and national organization can technically contribute to expertise the financial resources. Red Ribbon Program which was having the penetration regarding the functionaries of grassroots to train the people and educated them for tackling the issue of HIV/AIDS. On this scheme many communities took efforts in a larger number such as SHG’s, ASHA, sex worker from the rural backwardness, and PRI members which are possessing the sensitized knowledge about the disease. India was committed regarding the achievement of MDG i.e. Millennium Development Goals which was upholding the main purpose of reduction in the rate of HIV mortality and providing with all the defined resources which can clearly progress the goal by focusing on the guarantee of embodied rights.

Precaution and Human Rights To HIV/AIDS Patients

Prevention from various types of diseases and to conserve the Human rights play an important role for enhancing the situation and post within the society. Many people who are suffering from HIV/AIDS face continuous disgrace and barriers related to essential commodities which are been termed as every living being needs and necessities. This following type of obstacles led to arise of discriminatory and protection law as well as orders for the people who cannot fight for themselves and for that all the different kinds of safeguards are provided from the side of State.[9]All the defined state practices reconnect with the whole – social health issues, status and position in the society, identification of the rights irrespective of genders and sex orientations. The most suffering group in the society are the marginalized backward class who do not have any resources for protection towards their rights.

The cycle is been named as prevention and human rights as it fully explains the different criteria for the achievement of life with all the dignity and without segregation. as mentioned in the Indian Constitution, people who are living in the society have equal and sustain rights towards equal treatment before the eyes of law and their rights should be protected, promoted, respected and fulfill according to every various circumstance. Firstly, there should be a proper people of voluntaries according to the skills and then should be divided, secondly the people who have positively resulted in HIV they have to be given proper level of protection with medication, thirdly if the person is out of harm then also there should be at least of 48-72 hours of observations and then at final stage they have to be given life with dignity and rights, There were many autonomous bodies and authorities which was established for the working of people who have no basic necessities for their own treatment just like NACO, CEDAW and many more in national and international level.[10]The basic cycle that a particular statutory authority or any autonomous body should follow according towards the achievement of goal –

Ø According to the skills and techniques - a particular expertise medical team should be appointed with the specified region because it will make the work simpler; then there should identification of the person who is the sufferer and his/her actual condition.

Ø Irrespective of condition at least one try should be given to the person, here the trail may not work as the virus attack on blood but it can show the minimum of age limit and if the patient can be cured then he/she should be prevented by providing with all the facilities, tools and resources.

Ø Cure and prevention led to harm reduction and from here it provides an upliftment towards the person living in the society.

Ø With all the defined resources and facilities if there is a condition of gear up then every person who is been suffered by HIV/AIDS should be safeguarded with equal human rights.

The legislative has emerge that no person should be forced for the testing part of the treatment that will be count under cruel and ill-treatment towards the general public, as in the Indian constitution there are several provision which were lie down to embed the precaution policies and accountability from the side of government. The different types of medical operations and scheme are carried forward to launch in the wide extent within the various localities in which the patients are at peek and moreover a primary set of medication were set up to make the ecological system balance.

Primary fundamental Human Rights of Stoical Sufferer

1. Right towards just and fair treatment – As per the defined fundamental rights inscribed in the Indian Constitution that every person had right to equality without having any unjust and partial treatment. The strength and strongest root of the society is been defined by the treatment and how the people behave within themselves, if the roots of the economy are weak then there is no just and fair action among the people.[11]If an individual had any sort of communicable disease then he/she should be kept in isolation but if it is not in existence then people as well as society should treatment them equal. If that particular person feels that there is been any type of breach of the rights then he upholds the right to proceed to the courts and have legal action towards that particular person or group of people.[12]

2. Disclosure of information but specific data should be confidential – The disclosure of information plays a vital role as per the disease which can be both communicable and non-communicable but it affects the society at large. Many times, it happens that the person know very well about the condition and he/she starts working within the time prescribed the body starts deteriorating and it gets worse. So, within the time period it is the duty which should be done accordingly to avoid the unhappening, moreover the specific information if it is not related to the destruction of the society at a large extend then it can be avoided.[13]

3. Discrimination free environment – If the employment is free from discrimination then only there will be upliftment of the economy as well as society as well. Segregation is not the only option to make a healthy and hygiene environment if there is any disease the society as a whole have to fight against it.[14]As per legal provision defined under Indian as well as every Constitution lie down for the people by the government and under various program which was carry forward for the welfare of the society as a whole state that a group of people can only form a health and stable society.[15]

4. Right to employment, choose profession and practice without barriers – Getting access to the educational facilities and medical treatment is the most important supportive system in the society, most of the spread of the diseases and many type of disorder which are communicable in nature it is caused in employment area as there is a specific group collectively assemble for achieving the defined goal. If a person who is been suffering from HIV, then that particular person should be upheld and taken due care as per requirement.[16]The profession and practice will be decided by the person and that particular right cannot be infringe by anyone not even the State as well as government, however if he/she mislead the employment area by not telling (misinterpretation) the accurate information related to health then he will be applicable for the consequences.[17]

5. No negligence in Blood transfusion – Negligence can destruct the society at large extent, even this carelessness can lead in front of anyone. Blood transfusion and mixing up of blood samples, using same syringes and handling all the medical tools with less care can cause many diseases.[18]According to Supreme Court of India – it was stated that when there is negligence regarding the blood transfusion inside the hospital then the person/ doctor cannot escape from being charge under medical negligence as it is uphold as an offence and vicious activity which is done by some and can affect the life of an individual for long tenure of span.[19]

6. Right of inform and get access to the medical treatment – Half of the population are not getting the basic medical facilities cause of lack of literacy level and awareness, due to developing growth of economy. As per the condition of HIV/AIDS patients the normal resource which in need of the sufferer is medical treatment. According to the government scheme – there is free access to the people but here the main question arises whether there are doctors available in the hospitals and moreover 70% of the total population have all private facilities including hospitals, schools, colleges etc., so the expertise and professional knowledge as well as proper medication is lacking behind when the needy people want in an urgent situation.[20]

Role of The Legislative and Judiciary: The Two Most Powerful Tiers of The Government

The initiatives which were taken up by the government and territories of national and international level was to safe the people from the dealt as the discrimination was been the most powerful element to have control over the people and show the superiority towards the population. Denial and discontinue of the rights as well as laws lead a pill up of the issues which ultimately avail the downfall of the growth. For the further betterment of the condition- legislative sector also made few amendment and formation of the rules were implemented and one of those bills were made for the HIV/AIDS people that was “The Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (Prevention and Control) Act, 2017. The people who are suffering from the diseases mostly faces the huge burden from the side financial as the rural people cannot afford to reach out for the help. The main and foremost lacking of the India, is not having much finance and spending criteria for the rural people as if the banks are been approached by the people, one primary thing which has been considered for the protection is “Collateral” and the people are not able to provide with that. For that instances Supreme Court judgement were put upon as the main sword towards the improvement as there were many cases in which there was stress over the right towards health, dignity, food, safety, reproduction, and privacy which set some guidelines over the victims who were living below the poverty level within the society. The laws and amendment which were framed has enacted by the government but a huge level of lacking status is of the people living as a general public interest who deny the fact of been survived.

1. A landmark case which was confront based on denial and ill-treatment regarding the treatment of a pregnant women – the appeal was filed under the ground for providing the equal and better behavior for the purpose of getting medical treatment. In this situation women as well as men both were suffering from HIV positive, the main obstacles which was uphold that the married individual were not allowed to get access for the treatment for further medication as they were living below poverty level and were not able to repay the debts and bills of the medical treatment. Women and men tested positive in HIV faced a huge problem for the approach of court and getting considerate for the purpose of treatment. The family of the victims faced an immense level of segregation, threats, and serious impacts regarding the social norms, the people from backwardness and from less developed place like Bihar mostly living in BPL. Denial from the facilities and medical treatment was delayed with this circumstance she was not allowed to have the advance pregnancy test or stage. The petition was filed against the state in which the case was well-examined and the decision come into the favor of victim. Yet after the case the family was grant with the compensation as a remedies and dignity towards the disease.

2. To protect and safeguard the interest of segregated section, many people all over the world have filed a class action lawsuit regarding the equal treatment on the basis of participation as well as every sector. On the acceptance towards the public litigation Naz (Organization) India brought up a case pleading for the children as well as their parents who are tested positive or affected with HIV/AIDS another situation which can be raised likewise that the parents are infected but due to lack of financial support they are unable to get any recovery from the hospitals should be granted and awarded with all the defined protection. Affordability and preservation from the status also include the “disadvantaged group, discriminated section, and children belonging to the non-well to do family”. Under the primary right scheme which grants free and compulsory criteria of education i.e. RTE Act, 2009. The petition was accepted and the people who are unable to earn the living claimed to provide with the basic security regarding special measures and policies.

Violations of Rights and Prohibitive conduct with Context To HIV/AIDS

HIV criminalization is an act and omission of law as well as order which criminalize people or an individual living in the society with the reference based on HIV status and condition. Human rights which led to breach of activity with anyone’s conduct then in many forms it led to worse of situation and instability towards the life of people. This particular criminalization law provides with general clauses which basically deals with the punishment imposed or claims alleged towards the fraud, non-disclosure, negligence regarding the exposure to HIV and blood transfusion. Here, fraud play a vital role in many and wide following role likewise – it is based on the dishonesty and non-disclosure of information between different parties which subsequently leads to risk of deprivation of the defined person.[21]

The main motive for imposing the law was to have an element of deterrence and moral towards the unacceptable behavior of the general public which can only be dealt with having a pinch of fear of punishment. Meanwhile, this scheme and program safeguarded the crowd of stoical sufferer to come out and rebuilt the society; that subsequently lead to reduce of risk for HIV/AIDS survivors. Earlier, when the disease was categories – the prevention was based on the massive coercion among people and segregation of the general public with the HIV people, as accordance with the time reform the condition of the people started improving and this change also led to effectiveness in the society. The goal which was defined and frame by the government was – community empowerment, prevention from disease, reduction regarding spread, independence of people, non-discriminatory action, less of biasness and free accessibility towards medical treatment. This particular law examines both i.e. right to health and hygiene towards the HIV patients as well as conflict between “public health and criminal law”.[22]

Legislative Provisions and Statutes

1. According to Indian Medical Council [IMC] Act, 2002 - Medical council and all the medication are main resources which is been used for curing purpose. This authoritative body ensure certain duties which should be lie down while observation as well as providing facilities for the treatment. These act grant people who are been suffering from HIV/AIDS with all the possible and available benefits for the purpose of curing. Here, the government enumerate the duties and accountability of having a disclosure of information as whether the treatment ca be possible or not till the actual condition of the patients.[23]

2. According to Immoral Trafficking Prevention Act. 1986 - Trafficking whether it is legal or illegal that should be undertake by the enforcement of law and within the jurisdiction of the court. [24]This particular act deals with the sex workers or work and who have these types of disease incurred within themselves within the boundaries of India. This body provide with all types of facilities for their treatment and well-being, such as they prepare and supply all the defined types of mandatory medicine and examinations for the detection of HIV/AIDS, moreover it been made compulsory for the testing purpose.[25]

3. According to the Indian Constitution – There are no proper codifies law for the menace of HIV/AIDS people but there are many laws which is been defined for the safeguard of various rights among people. As per the defined law and order to protect the people from segregation who have been infected with the disease as per the social stigma there right should be preserved from the unhappening. After the commencement of Indian Constitution there were many provisions which were reserved which grants the 3 main things i.e. justice to the people whenever they are discriminated, liberty to practice any professions and equality among people living in the society, different articles and sections also defined the rights towards the citizen as well as normal person living within the society such as Article 15 & 16 which safeguards the rights against discrimination,[26]Article 21 protect the Right to Life and Personal Liberty which also have many small but important right which is mandatory for the survival,[27]and according to Article 39, 42 & 47 secures the rights related to mean of livelihood, making just and human conditions and to have a proper sanitation facilities for every citizen.[28]

4. According to HIV/AIDS Bill, 2007 – This particular bill which was executed for the welfare of people who are suffering from HIV/AIDS and prohibits the segregation of the patients. In the matter of basic demands and facilities which is the human equal rights such as educational criteria, health & hygiene, employment sectors and purchasing of property it automatically acts and omit the actual action within the perceived discriminatory law on the bases of status and conditions of the people. The bill also discloses about the treatment and testing part which should be followed within the ambit of the procedure. The patients are given free access, specific consent, information as well as medication facilities, guarantees the confidentiality of condition of the HIV patient and moreover it also examines the growth with the accordance as per two important issues mainly education and health. This Bill also help to identify and other factors which should be taken care and the custody of all the defined activities has to be in state ambit for the regulation of rights of women as well as children with respect to sexual violence, sexual assault, economical basis, societal segregation and financial crisis.[29]

Suggestions and Initiatives

· According to the researcher’s opinion, whenever the doctor feels that there is any element or symptoms related to HIV then immediate the prescribed test should be followed with all the due care among the team.

· In employment area every employee should be requested to give blood test and appear for body checkup; with all the defined and important document - medical certificate should also be submitted.

· As per legal rights given to the citizen and non-citizen living in India which consist of various kinds of human right - whenever it is seeming to infringe then, immediately there should be legal prosecution against the defined person, organization and etc.

· There should compensation for the damages and welfare as well as implementation of well - being scheme for the health of labor class and backward people who are illiterate for the purpose of passing the information.

· For every severe circumstances, remedy should be provided to the “People Living and Suffering With HIV/AIDS” from administrative as well as statutory authority especially to the rural people and as a recovery of the compensation the government can make the free access to the medical treatment with proper level of technology.

· As the social media and other gadgets play a vital role for communicating with rest of the world in the developing country like India, improved and advance digital networking can help people to have a bridging between the existing and actual medical conditions.

· Youth and teenagers should possess minimum knowledge about the sex education and enhancement of the mentality as it has been termed that upcoming future generation of every country are the strongest element of the development of the society. Knowledge should be taken into consideration from a younger age as a rational citizen possess the minimal criteria which can be followed with all the procedure whenever there is any non-happening and upholding the impact over the society.

· Every medical store should have a bulk of inventory not the expired medication as there can be use of stock to cope up with the situation of pandemic and to provide the patient with all the required facilities. In many chemist and pharmacy stores the agent do not enrich the request of the medicine prescribed in the prescription by the doctor.

· As the medical chemical through which the medicines are prepared should be cheaper and easily feasible as more than half of the population is under Below poverty level. Affordability of the treatment are tough for the backward or rural people as the financial condition is not well versed.

· Enactment and enforcement of punitive law that was targeted for the welfare of patients should be provided moreover avoid stigma within the workplace discrimination by taking up the consideration of promoting the healthcare centers and gender equality.

· For enhancing and expanding the business, private hospital have a huge expense with reference to the treatment of the patients with which more than half of the population do not prefer to be admitted in luxurious hospitals but by outlooking the situation and condition, the patients should be given some relaxation and deduction on the prescribed bill.


There is a hypothesis related to a human survival that “Diseases and Disorders” make an individual life weak and less productive but it is a false statement, with reference to this – it is the people living in the society as a whole make an individual as well as give strength to bear all the outcome whether it is destructive or productive. If there will be scattering of religion, sex, race, diseases and place of birth as well as resident with respect to people then it will lead to widespread discrimination among all over the population. HIV/AIDS people and diseases related to that are the most indecent topic of the society neither the group of people wanted to talk about nor they want any type of cure and prevention regarding this particular topic. In this particular subject matter the most sufferer group is the excluded, backward people, children and women; however, the states and government all over the boundaries were unable to provide with all the basic necessities for the purpose of safeguarding the human equal right against various and different kinds of segregation, lack of medical facilities and discrimination in every level. As all the nations around the globe termed - India as a Democratic and Populist country or the rule of people but if the people itself are not getting minimal and essential prerequisites then how it can be specified with “power which is uphold in the hands of people living in the society”. However, if the needs and requirement are not satisfied subsequently it led to an increase in number of HIV/AIDS patients which simultaneously enhancing all the illegal and criminal offence which is been done in the society by the most segregated section i.e. teenage(who are running out of resources and financial support) and women group because of lack of basic exigency supplied within the time period. If there will be no seriousness regarding the issue of newest and recent untouchable class which is been termed as “HIV/AIDS people” by then there will be no revolution as well evolution of the Modern Indian Society. Consideration of implementing many programs related to HIV/AIDS are the most vulnerable marginalized reform towards the society but tackling human being behavior with reference to the response is difficult problem. Laws and Order which is been executed and given power by legislature for the purpose of implementation must not be inscribed on paper but it should be accomplished by the people living in the society. To develop the nation, one significant segment should be in the state of growing and the condition should be in the state of upliftment i.e. the people, without which no acts or omission can be performed.

[1]“et al.” Doyal Len Lesley, Living with HIV and dying with AIDS: diversity; inequality and human rights in the global pandemic, 5, 160-172.

[2]Niharika Maske & Shubham Manoj, HIV/AIDS and Human Rights: An Indian Perspective, Aug. 2009, 24.

[3]Riddhima Kedia, HIV/AIDS legislation in India, India Law Journal, Nov. 2015.

[4]“et al.” David Barr Joseph j Amon Michaela Clayton, Articulating A Rights-Based Approach to HIV Treatment and Prevention Interventions, 9, 396-404 (2011).

[5]Ann Pietrangelo, more on HIV, A Comprehensive Guide to HIV and AIDS (13 May, 2021, 10: 50 A.M.),

[6]Niharika Maske & Shubham Manoj, HIV/AIDS and Human Rights: An Indian Perspective, Aug. 2009, 24.

[7]Gillian MacNaughton, Women’s Human Rights related to Health-Care Services in the context of HIV/AIDS, 5, at 13.

[8]Abuses Against Children Affected by HIV/AIDS in India, Future Forsaken, July. 29, 2004.

[9]Jayanth K. Krishnan, The Rights of the New Untouchables: A Constitutional Analysis of HIV Jurisprudence in India, 25, 794-797, 2003.

[10]Ann Pietrangelo, more on HIV, A Comprehensive Guide to HIV and AIDS (13 May, 2021, 18: 30 P.M.),

[11]Suresh Kumar Koushal & Anr v. Naz Foundation & Ors. [10972 of 2013] (India).

[12]INDIA CONST. art. 14.

[13]INDIA CONST. art. 15 cl. (1) (2).

[14]Harshad J Pabari v. State of Gujarat [C/WPRIL/270/2012] (India).

[15]INDIA CONST. art. 17.

[16]INDIA CONST. art. 16 cl. (1)-(4).

[17]INDIA CONST. art. 24.

[18] M. Vijaya v. Chairman and Managing Director of Andhra Pradesh [I (2002) ACC 32, 2002 ACJ 32, 2001 (5) ALD 522, 2001 (5) ALT 154] (India).

[19] The Indian Penal Code, 1860, No. 45, Act of the Parliament, 1860 (India).

[20]Right to Information, 2005, No. 22, Act of the Parliament, 2005 (India).

[21]Riddhima Kedia, HIV/AIDS legislation in India, India Law Journal, Nov. 2015.

[22]Neiloy Sircar, HIV Criminalization Laws and the Right to Health, HHR, Aug. 18 2017.

[23]India Medical Council, 2002, No. 102, Act of the Parliament, 2002 (India).

[24]Sahyog Mahila Mandal and Anr. v. Sate of Gujarat [(2004) 2 GLR 1764] (India).

[25]Immoral Trafficking Prevention Act, 1986, 44, Act of the Parliament, 1986.

[26]INDIA CONST. art. 15 & 16.

[27]INDIA CONST. art. 21 & 21(A).

[28]INDIA CONST. art. 39, 42 &47.

[29]HIV/AIDS Bills, 2007, No. 3, Act of the Parliament, 2014.