HI V / AI DS ACT, 2017
Why in News?
Health Ministry issues notification to bring HIV/AIDS Act, 2017, into force.
Problems faced by HIV Patients
Apart from the mental and physical trauma the HIV/AIDS patients go through, there are various problems that they face socially, like-
• Stigma and Discrimination- Sometimes, people with HIV/AIDS are abandoned by their families and are forced to live in destitution, resulting in psychological devastation.
80 www.visionias.in ©Vision IAS
• Social and Economic- The main social and economic impacts for people living with HIV are loss of labour or education due to illness and increased expense of healthcare and transport. The compounding of these impacts often leads to increased levels of poverty, food insecurity and nutrition problems.
This called for legal recourse to protect the rights and interest of people suffering from HIV/AIDS.
Salient features of the Act
• Prohibition of Discrimination- It lists various grounds on which discrimination against HIV positive persons and those living with them is prohibited. These include the denial, termination, discontinuation or unfair treatment with regard to employment, education, health care, residing or renting property, standing for public or private office, and insurance.
Related Data
• India has the third largest HIV-infected population with an estimated 2 million people. The country aims to decrease new infections by 75 per cent between 2010 and
2020 and eliminate AIDS by 2030.
• National AIDS Control Organisation (NACO) noted that the rate of decline in annual new HIV infections has been relatively slower in recent years.
• However, impact of the HIV/AIDS control programme has been significant, with more than an 80 per cent decline in estimated new infections from the epidemic’s peak in 1995
• Estimated AIDS-related deaths declined by
71 per cent since its peak in 2005.
o The requirement for HIV testing as a pre-requisite for obtaining employment or accessing health care or education is prohibited.
o It prohibits individuals from publishing information or advocating feelings of hatred against HIV positive persons and those living with them.
• Informed consent- No HIV-affected person can be subject to medical treatment, medical interventions or research without informed consent. Further, no HIV positive woman, who is pregnant, can be subjected to sterilisation or abortion without her consent.
• Guidelines for testing centres- No HIV test shall be conducted or performed by any testing or diagnostic centre or pathology laboratory or blood bank, unless such centre or laboratory or blood bank follows the guidelines laid down for such test
• Disclosure of HIV status- No person is compelled to disclose his HIV status except by an order of the court. A
breach of violation attracts a jail sentence of up to two years or a fine of up to Rs 1 lakh, or both.
o Every establishment is obligated to keep HIV-related information protected. Every HIV-positive person is compelled to take reasonable precautions to prevent the transmission of HIV to other persons.
• Confidentiality of data- Every establishment keeping the records of HIV-related information of protected persons shall adopt data protection measures in accordance with the guidelines to ensure that such information is protected from disclosure
• Central and State Government to take measures- The state and Centre shall take all such measures for prevention of spread of HIV or AIDS, in accordance with the guidelines and must make diagnostic facilities, anti-retroviral therapy and opportunistic infection management available to all HIV-infected people and ensure wide dissemination of the same.
• Welfare Measures & protection of children- Apart from facilitating better access to welfare chemes to affected persons the government shall also take appropriate steps to protect the property of children affected by HIV or AIDS for the protection of property of child affected by HIV or AIDS.
o A person between the age of 12 to 18 years who is mature in managing the affairs of his HIV or AIDS
affected family shall be competent to act as a guardian of another sibling below 18 years of age.
• Isolation of Person- It prohibits isolation of segregation of an HIV-positive person. Every HIV-positive person has the right to reside in a shared household and use facilities in a non-discriminatory manner.
• Ombudsmen- Every state has to appoint one or more Ombudsmen to inquire into violations of the provisions of the Act. Within 30 days of receiving a complaint, the Ombudsman is required to pass an order as he deems fit. Failing to comply with the orders of the Ombudsman attracts a penalty of up to Rs 10,000.
However, it has been argued that the provisions only protect infected individuals from prejudiced behaviour and attitudes. Communities that are vulnerable to infection, individuals who are yet to be tested and kin of those infected are still subjected to stigma and biased perspectives. Further, there have been instances of shortage of medicines related to HIV/AIDS.
81 www.visionias.in ©Vision IAS
Way forward
• The need is to adopt a holistic approach to successfully combat discrimination against the infected and the vulnerable and create safe spaces for them.
• The next important step will be public education as acceptance of HIV/AIDS patients in society is still a challenge.
• A streamlined process of procurement and storage of medicines related to HIV/AIDS.
Other Steps taken by the Government
• National Strategic Plan 2017-24 and Mission “SAMPARK”, to trace those who are
Left to Follow Up and are to be brought under ART services.
• Government launched a Central Sector Scheme - National AIDS Control
Programme (NACP).
• India has successfully achieved the 6th Millennium Development Goal (MDG 6) of halting and reversing the HIV epidemic.
• For preventing HIV/AIDS transmission from mother to child
o Prevention from Parent to Child Transmission (PPTCT) programme have been integrated with the RCH programme.
o PALS (PPTCT ART Linkages Software) System has also been launched to maintain details of all HIV positive pregnant and breast-feeding women and their new- born babies.
• Government would be implementing the 90:90:90 strategy as adopted by UNAIDS.
It is a new HIV treatment that lays the groundwork to end the AIDS epidemic.
• HIV Sensitive social protection portal has been launched to help officials and counsellors.
• India has extended support to the African countries in their fight against HIV-AID
which reflects India’s global commitment.
7.9. PR OGR AM FOR I NTE R N ATI ONA L STUDE NT ASSE SSME NT (PI SA)
Why in news?
Recently Ministry of Human Resource Development has decided to end the boycott of PISA formally.
More on News
• India had stayed away from the assessment when it was ranked dismally low in 2012 and 2015 and
72nd among 74 countries in 2009.
• India will send its officers to Paris to negotiate
India’s terms of participation in 2021 with OECD
Organisation for Economic Cooperation and Development
• It is an intergovernmental economic organisation which aims to promote policies that will improve the economic and social well-being of people around the world.
• It has 36 member countries and was founded in 1960 by 18 European nations plus the United States and Canada.
• India is not a member of OECD.
as it has been realised that education is not about rote learning.
• Unlike 2009, when Tamil Nadu and Himachal Pradesh were assessed, Union Government will request OECD to assess Chandigarh in 2021.
About PISA
• It is an international assessment that measures 15 years old students’ reading, mathematics, science literacy
and even innovative subjects like collaborative problem solving and money literacy every three years.
• By design, PISA emphasizes functional skills that students have acquired as they near the end of compulsory schooling.
• It was first conducted in 2000 and is coordinated by Organisation for Economic Cooperation and Development
(OECD) and is conducted in the United States of America by NCES.
• It assesses students in 80 countries and education system and helps to understand the education system and how it can be improved. The result is shown not individually but it shows a national mean score. Its goal is to provide outcomes of learning and not outcomes of schooling.
Why in News?
Health Ministry issues notification to bring HIV/AIDS Act, 2017, into force.
Problems faced by HIV Patients
Apart from the mental and physical trauma the HIV/AIDS patients go through, there are various problems that they face socially, like-
• Stigma and Discrimination- Sometimes, people with HIV/AIDS are abandoned by their families and are forced to live in destitution, resulting in psychological devastation.
80 www.visionias.in ©Vision IAS
• Social and Economic- The main social and economic impacts for people living with HIV are loss of labour or education due to illness and increased expense of healthcare and transport. The compounding of these impacts often leads to increased levels of poverty, food insecurity and nutrition problems.
This called for legal recourse to protect the rights and interest of people suffering from HIV/AIDS.
Salient features of the Act
• Prohibition of Discrimination- It lists various grounds on which discrimination against HIV positive persons and those living with them is prohibited. These include the denial, termination, discontinuation or unfair treatment with regard to employment, education, health care, residing or renting property, standing for public or private office, and insurance.
Related Data
• India has the third largest HIV-infected population with an estimated 2 million people. The country aims to decrease new infections by 75 per cent between 2010 and
2020 and eliminate AIDS by 2030.
• National AIDS Control Organisation (NACO) noted that the rate of decline in annual new HIV infections has been relatively slower in recent years.
• However, impact of the HIV/AIDS control programme has been significant, with more than an 80 per cent decline in estimated new infections from the epidemic’s peak in 1995
• Estimated AIDS-related deaths declined by
71 per cent since its peak in 2005.
o The requirement for HIV testing as a pre-requisite for obtaining employment or accessing health care or education is prohibited.
o It prohibits individuals from publishing information or advocating feelings of hatred against HIV positive persons and those living with them.
• Informed consent- No HIV-affected person can be subject to medical treatment, medical interventions or research without informed consent. Further, no HIV positive woman, who is pregnant, can be subjected to sterilisation or abortion without her consent.
• Guidelines for testing centres- No HIV test shall be conducted or performed by any testing or diagnostic centre or pathology laboratory or blood bank, unless such centre or laboratory or blood bank follows the guidelines laid down for such test
• Disclosure of HIV status- No person is compelled to disclose his HIV status except by an order of the court. A
breach of violation attracts a jail sentence of up to two years or a fine of up to Rs 1 lakh, or both.
o Every establishment is obligated to keep HIV-related information protected. Every HIV-positive person is compelled to take reasonable precautions to prevent the transmission of HIV to other persons.
• Confidentiality of data- Every establishment keeping the records of HIV-related information of protected persons shall adopt data protection measures in accordance with the guidelines to ensure that such information is protected from disclosure
• Central and State Government to take measures- The state and Centre shall take all such measures for prevention of spread of HIV or AIDS, in accordance with the guidelines and must make diagnostic facilities, anti-retroviral therapy and opportunistic infection management available to all HIV-infected people and ensure wide dissemination of the same.
• Welfare Measures & protection of children- Apart from facilitating better access to welfare chemes to affected persons the government shall also take appropriate steps to protect the property of children affected by HIV or AIDS for the protection of property of child affected by HIV or AIDS.
o A person between the age of 12 to 18 years who is mature in managing the affairs of his HIV or AIDS
affected family shall be competent to act as a guardian of another sibling below 18 years of age.
• Isolation of Person- It prohibits isolation of segregation of an HIV-positive person. Every HIV-positive person has the right to reside in a shared household and use facilities in a non-discriminatory manner.
• Ombudsmen- Every state has to appoint one or more Ombudsmen to inquire into violations of the provisions of the Act. Within 30 days of receiving a complaint, the Ombudsman is required to pass an order as he deems fit. Failing to comply with the orders of the Ombudsman attracts a penalty of up to Rs 10,000.
However, it has been argued that the provisions only protect infected individuals from prejudiced behaviour and attitudes. Communities that are vulnerable to infection, individuals who are yet to be tested and kin of those infected are still subjected to stigma and biased perspectives. Further, there have been instances of shortage of medicines related to HIV/AIDS.
81 www.visionias.in ©Vision IAS
Way forward
• The need is to adopt a holistic approach to successfully combat discrimination against the infected and the vulnerable and create safe spaces for them.
• The next important step will be public education as acceptance of HIV/AIDS patients in society is still a challenge.
• A streamlined process of procurement and storage of medicines related to HIV/AIDS.
Other Steps taken by the Government
• National Strategic Plan 2017-24 and Mission “SAMPARK”, to trace those who are
Left to Follow Up and are to be brought under ART services.
• Government launched a Central Sector Scheme - National AIDS Control
Programme (NACP).
• India has successfully achieved the 6th Millennium Development Goal (MDG 6) of halting and reversing the HIV epidemic.
• For preventing HIV/AIDS transmission from mother to child
o Prevention from Parent to Child Transmission (PPTCT) programme have been integrated with the RCH programme.
o PALS (PPTCT ART Linkages Software) System has also been launched to maintain details of all HIV positive pregnant and breast-feeding women and their new- born babies.
• Government would be implementing the 90:90:90 strategy as adopted by UNAIDS.
It is a new HIV treatment that lays the groundwork to end the AIDS epidemic.
• HIV Sensitive social protection portal has been launched to help officials and counsellors.
• India has extended support to the African countries in their fight against HIV-AID
which reflects India’s global commitment.
7.9. PR OGR AM FOR I NTE R N ATI ONA L STUDE NT ASSE SSME NT (PI SA)
Why in news?
Recently Ministry of Human Resource Development has decided to end the boycott of PISA formally.
More on News
• India had stayed away from the assessment when it was ranked dismally low in 2012 and 2015 and
72nd among 74 countries in 2009.
• India will send its officers to Paris to negotiate
India’s terms of participation in 2021 with OECD
Organisation for Economic Cooperation and Development
• It is an intergovernmental economic organisation which aims to promote policies that will improve the economic and social well-being of people around the world.
• It has 36 member countries and was founded in 1960 by 18 European nations plus the United States and Canada.
• India is not a member of OECD.
as it has been realised that education is not about rote learning.
• Unlike 2009, when Tamil Nadu and Himachal Pradesh were assessed, Union Government will request OECD to assess Chandigarh in 2021.
About PISA
• It is an international assessment that measures 15 years old students’ reading, mathematics, science literacy
and even innovative subjects like collaborative problem solving and money literacy every three years.
• By design, PISA emphasizes functional skills that students have acquired as they near the end of compulsory schooling.
• It was first conducted in 2000 and is coordinated by Organisation for Economic Cooperation and Development
(OECD) and is conducted in the United States of America by NCES.
• It assesses students in 80 countries and education system and helps to understand the education system and how it can be improved. The result is shown not individually but it shows a national mean score. Its goal is to provide outcomes of learning and not outcomes of schooling.
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