Legal Issues in Manipur:

Whether individuals can be compelled to undergo testing for HIV?

Do we require a law to protect the confidentiality of a person's HIV status?

Do we require a law to legalize needle syringe exchange programme, condom distribution, social marketing of condoms, advertising of condoms in electronic media etc?

Shall we allow medical doctors to conduct routine HIV testing among patients undergoing surgery, on admission, inpatients, during pregnancy etc?

Shall we introduce compulsory HIV testing of people with high risk behaviors like IDUs, CSWs, MSMs, Truckers, migrant workers, new recruits in police and security forces, migrant workers, immigrants, prisoners, refugees etc?

Shall we allow schools and colleges to demand for HIV free certificates form students seeking admission?

Shall we introduce compulsory HIV testing as a requirement for employment or for continued employment?

Whether a person with HIV will be permitted to continue working and will be protected against discrimination in the workplace.

Whether there are legally recognized rights of privacy or obligations of confidentiality to guard against unauthorized disclosure of a person's HIV status.

What kind of criminal sanctions will be available for use against people who knowingly or deliberately trying to transmit HIV infection?

Shall we introduce compulsory HIV testing before marriage?

Shall we introduce production of HIV free certificates before marriage?

Shall we introduce sex education in schools from Class-VI to XII?

Shall we introduce laws to safeguard the respect for privacy, equality, human rights and human dignity of people with HIV/AIDS and provide legal mechanisms for upholding these rights?

Shall we introduce anti- discriminatory laws to prohibit discrimination against injecting drug users , commercial sex workers, men having sex with men and people with HIV/AIDS in employment , housing , access to medical treatment , association with others and provision of services?

Shall we introduce laws to safeguard the marital property rights employment rights of widows?

Shall we introduce laws to safeguard social security network of orphans and children at risk?

Shall we introduce a law requiring production of HIV training certificates for students at the time of appearing for HSLC, Class-XII, degree courses and for teachers at the time of promotion or increment, or for new recruits to Government jobs?

Shall we impose a penalty to those who make false declarations about risk behaviour history for donating blood to the blood banks?

Shall we legalize prostitution? Regular health check up, counseling, voluntary HIV testing, services may be offered. Clients should not be penalized or harassed. They should be encouraged to form self help groups, organize vocational training programmes and income generating activities. However, running brothels, exploiting and trafficking of women and children should continue to be illegal activities.

Shall we decriminalize homosexuality? Regular health check up, counseling, voluntary HIV testing, services may be offered. Clients should not be penalized or harassed. They should be encouraged to form self help groups, organize vocational training programmes and other income generating activities.

Shall we introduce mandatory HIV testing of the rape accused? Voluntary counseling and testing service should be offered to the victim of rape. Adequate monetary compensation should be given by the state to the rape victims, which can be recovered later on from the accused.

There may be many other issues which are relevant in the context of Manipur. It is not possible to cover all the issues in this article.

Further suggestions are sought from knowledgeable people to complement the aforementioned legal issues in Manipur based on your expertise and experiences.

To be continued ...

(Comments and suggestions to this article may be sent to: [email protected])