http://www.deccanherald.com/content/287050/schools-across-country-spurn-hiv.html

[21 October 2012] - Over 60 children were denied admissions in the schools in various states in last four years because they were infected with HIV.

Such children continued to face discrimination despite a law guaranteeing the right to free and compulsory education to children came into effect on 1 April 2010. The instances of the violation of the fundamental rights of these children from 2008-09 to 2011-12 have been recorded by the National AIDS Control Organisation (NACO).

The Human Resource Development Ministry claims that the Central Board of Secondary Education (CBSE) conducts advocacy programme to sensitise principals and teachers to ensure that students infected with HIV and AIDS are treated with dignity and respect. Human Resources Minister Kapil Sibal did not respond to a request for his comments on the issue.

Sources in the CBSE claim that there is ‘no clear policy’ to deal with such cases. “The Right of Education Act prohibits discrimination on any ground. Under the law, the state governments are required to ensure implementation of the law in its letter and spirit,” a ministry official said.

Andhra Pradesh, which accounts for five lakh cases of HIV and AIDS as per a latest government report, came at the top of the list with the NACO recording as many as 27 cases in the state, where children infected with HIV were denied admissions in schools.

West Bengal came second where at least 13 such cases  were reported. In Haryana, at least nine such children were denied admissions, four in Kerala, three Uttar Pradesh and one in Maharashtra. The number of such cases would be much higher than the data collected by the NACO, said non-government organisations and activists working to protect the rights of the HIV infected persons. “We keep receiving reports about schools denying HIV infected students. We swiftly act on such instances and help them,” country programme manager of AIDS Healthcare Foundation (AHF) Shibu Cheruvelil told Deccan Herald.

According to a latest government report, The total number of people living with HIV in India is estimated at 2.4 million with uncertainty bounds of 1.93 to 3.04 million in 2009. 

Cheruvelil pointed out that India had enacted laws to protect the rights of various sections including those suffering from disability. “But, there is no law to protect the rights and interests of people living with HIV and AIDS. We need a strong legislation statute to address HIV and AIDS – its prevention, its treatment, and the manner in which we respond to the people affected by it,” he added. 

Further Information: 

• INDIA: Devise code of conduct for private schools, says child rights panel (8 October 2012) 
• UNITED STATES: HIV discrimination lawsuit awards boy $700K (14 September 2012) 
• INDIA: Supreme Court ruling on universal right to education (18 April 2012) 
• UNITED STATES: HIV-positive teen denied admission to school (6 December 2011) 
• EAST AFRICA: No laws to fight HIV stigma in schools (8 December 2011) 
• INDIA: School may face action for HIV discrimination (5 january 2011)
• INDIA: HIV positive kids shunned, alleges NGO (23 December 2010)
• CHINA: HIV-infected children struggle with stigma (1 December 2009)
• CRIN: Briefing on discrimination and HIV and AIDS
• General Comment 3: HIV/AIDS and the rights of the child
• Special World AIDS Day CRINMAIL
• CRIN's website on children and discrimination
• Guide to non-discrimination and the CRC
• Education, training and awareness raising on children and discrimination
• More on children's rights in India

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Last updated 24/10/2012 12:51:57

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