The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Bill, 2014 and Capability Approach
8 NUJS Law Review 205, 2015
40 Pages Posted: 7 Jan 2019
Date Written: January 1, 2015
Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (‘HIV/AIDS’), apart from being a life threatening disease, has acquired a significant place in countries across the world due to the kind of stigma and discrimination, seropositive persons and those associated with such persons, suffer. Human rights implications of marginalisation faced by HIV/AIDS affected persons have resulted in many countries taking cognisance of the same, by adopting legislations to protect these persons and prevent the spread of HIV/AIDS. With India following suit and the HIV/AIDS (Prevention and Control) Bill, 2014 having been introduced in the Rajya Sabha, this paper seeks to evaluate significant provisions of this Bill in light of the capability theory laid down by Amartya Sen. Viewing hardships faced by HIV/AIDS affected persons as forms of capability deprivation, we attempt to assess how far the Bill bridges the gap between affected persons and central human capabilities.
Keywords: Capability Approach, India, Law, HIV, AIDS
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