AIDS awareness among judiciary low, but ball set in motion: Sarode

Express news service
Posted online: Sunday , December 02, 2007
http://www.expressindia.com/latest-news/AIDS-awareness-among-judiciary-low-but-ball-set-in-motion-Sarode/245701/


Pune, December 1 : For the first time, the district court at Shivaji
Nagar held a session on Saturday morning to sensitise the judges about
the issues relating to 'HIV/AIDS and human rights.' This session was
prompted by a notice from the National Legal Services Authority which
has asked the judges to mark the World AIDS Day on Saturday by
educating themselves on the issue.

"The government came up with the 'HIV AIDS Bill 2004,' which is
currently pending," said lawyer Asim Sarode, who held the session.
"Even though there is no law now, the rights of the people with
HIV/AIDS can be protected by the judiciary in the lower courts. And
these steps can be taken even before the bill becomes the law."

Among the issues touched upon that needed judges to be aware with
respect to HIV/AIDS included protection of people living with HIV/AIDS
(PLHA) from discrimination at work, during marriage or divorce, and at
prisons.

"Section 377 is a barrier in spreading awareness about AIDS. Condom
distribution is illegal in prisons because homosexuality is an illegal
act according to Section 377. However, homosexuality is a reality in
prisons," Sarode said. "There is a population of about 65,000 in the
state and about 4,000 in the city who are in prisons. Many others are
in remand homes and asylums. And some of them flit in and out of
prisons on a regular basis and could be carriers of the disease."
Section 377 is currently being scrutinised by the Supreme Court. In
cases of divorce and dismissal of employees without specified grounds,
the judge needs to enquire if the HIV/ AIDS is the reason. "There is
also a precedent in the Bombay High Court law 'MX vs ZY AIR 1997 BOM
496,' which allows anonymity to the parties — if they so wish," Sarode
said.

While the session with the judges lasted for 45 minutes, Sarode said
that it was a one-sided affair.

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