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KHADC CEM violates provisio of HIV &AIDS Prevention Act 2017

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SHILLONG: The statement by Khasi Hills Autonomous District Council (KHADC) CEM HS Shylla on Sunday that the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Bill is one way to prevent the threat of HIV-AIDS amongst the tribals, has raised the hackles of NGOs and those working with HIV-AIDS.
Speaking to the media on Monday, Shylla reiterated his claim saying, “We received reports on the high incidence of HIV-AIDS and the carriers of the virus are the truck drivers from outside the state and migrant workers. We should take this seriously,” adding that the activity happens a lot along the National Highway.
Reacting to HS Shylla’s remarks, Manbha Foundation, Secretary Dr Rica Lamar who has been working in the field of HIV & AIDS said, “Putting the blame only on truck drivers and migrant workers is discriminatory towards them.
“What he has spoken reveals a discriminatory attitude towards a section of people as HIV does not spread only through drivers and migrant workers from outside the State, although they are high risk groups. The virus is spread by other groups also,” she said.
Barry Leslie Kharmalki a Person Living with HIV (PLHIV), also the Field Mentor and Consultant, Family Health International – Harm Reduction Project by NACO for Injecting DRUG USERS and other Marginalised Groups in Meghalaya, has come down heavily on Shylla terming his statement, thoughtless and inciting hatred.
Kharmalki points to Section 37 of the Act which states that Shylla is liable to be prosecuted for contravening Section 4 of the Act.
Section 4 says, “No person shall, by words, either spoken or written, publish, propagate, advocate or communicate by signs or by visible representation or otherwise the feelings of hatred against any protected persons or group of protected person in general or specifically or disseminate, broadcast or display any information, advertisement or notice, which may reasonably be construed to demonstrate an intention to propagate hatred or which is likely to expose protected persons to hatred, discrimination or physical violence. Anyone who violates this Section shall be punished with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which may extend to one lakh rupees, or with both.”
The HIV and AIDS Prevention Act passed in April 2017 seeks among others to prohibit any form of discrimination against HIV positive persons because HIV/AIDS has been associated with a lot of stigma and discrimination.
A State Consultation on model State rules for HIV and AIDS, 2017 was held recently in which the State Government has to notify the rules. However, the Central Government has to notify this Act to bring in force.
Rajesh Kumar Rana, National Consultant (IEC and Mainstreaming), NACO said that rules and guidelines need to be in place before implementation of the Act so that grievances can be addressed immediately after the Act is enforced.
State Governments are supposed to appoint an ombudsman to inquire into complaints related to the violation of the Act and the provision of health care services. Meghalaya is yet to put in place these important provisions.
An NGO worker speaking to The Shillong Times said, “Legislators are supposed to know the provisions of the 2017 Act but here we find the CEM of the KHADC, HS Shylla branding people of a certain profession, namely bus and truck drivers as being carriers and transmitters of HIV-AIDs through their marriage with Khasi women. This sort of statement targets a certain section of people who might now not come to seek medical intervention because of the stigmatisation. This is a setback to all our hard work in the field.”
Social media is ablaze with condemnation of Shylla’s statement calling it outrageous, insane, inciting racial divide and utterly irresponsible.

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