Important note: Information in this article was accurate in 2009. The state of the art may have changed since the publication date.
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The Telegraph (Kolkata) (10.26.09) - Tuesday, November 03, 2009
"The law ministry has gone beyond its mandate and deleted substantive provisions - the work of the law ministry was only to check whether the provisions of the bill are legally workable," said Anand Grover, an attorney with the Lawyers Collective's HIV/AIDS section. The non-governmental group helped draft the bill following consultations throughout India.
The law ministry deleted some provisions relating to a health ombudsman, an office that would ensure health care is not denied to HIV-positive people. Under the draft finalized by the health ministry, the ombudsman could order that services be provided within 24 hours in emergency cases. The law ministry has deleted this emergency power.
"Denial of health care services is a continuous problem - it happens routinely with HIV-infected persons," said Anushree Kini, an advocacy officer with the Lawyers Collective. "This 24-hour provision would be crucial in emergencies."
The Ministry of Law also has cut provisions for civil penalties if health workers violate the ombudsman's orders. And legal officials reversed the Ministry of Health's language that would have let health care providers decide whether to reveal a patient's HIV serostatus to his or her partner. Instead of "may," providers "shall" disclose a client's HIV status, making it mandatory.
In addition, the law ministry cut a provision that would allow older siblings to serve as guardians, even when still a minor, to safeguard the property rights of children of HIV-infected parents. Another deleted provision spelled out the need for an open and transparent market for HIV/AIDS treatments and diagnostics.
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