Hiv And Aids: Legal And Ethical Issues

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Acquired immunodeficiency syndrome, called as 'black death of our time'1 caused by human immunodeficiency virus still remaining a challenge to the medical world has spread its tentacles ominously that millions of people have breathed their last and others afflicted by it are counting days in great misery and despair for pre-mature extinction of their life.2 The tragedy is that it has spread from the high risk group to common population assuming a menacing proportion.3 It has not remained as a mere matter of health to bother only medical professionals. A person afflicted by it invites social stigma of a highest degree, which is worse than apartheid. It has generated such sensitive and boiling legal, ethical and social issues posing serious challenge to the medical professionals, health policy makers, law makers and common men. In this article an attempt is made to critically analyse the legal, ethical and social issues stemming from HIV\ AIDS.



1.K.Mathiharan&Amruth K.Patnaik(Edt.),Modi's Medical
2.According to the August 2008 Report issued by the Joint
United Nations Programme on HIV\AIDS as of
2007approximately33 million worldwide are HIV positive,
Sub-Sahran Africaand SouthEast Asia accounting
substantially,medical-dictinory.the freedictionary.com
3.See supra n.1
4.See supra n.2
6.See supra n.1at p.203.CD4 cellsare those cells which have
a glycoprotein called cd4 on the surface. These cells do not
neutralise infection, but initiates response of the body to
infection. They are the host cells thathelps HIV in
replication.HIV attached to CD4 cells eventually causes
damage. See en.wikipedia.org visited on 19-6-
2013.Lympocyte is a kind of white blood cell in the
vertebrate immune system. Ibid.
7.Ibid.Neoplasia signifies a pathological process that results
in the formation and growth of a tumour,protozoal are a
diverse group of unicellur eukaryotic organisms which are
motile,helmithinic means an agent that expels or destroys
parasitic worms;seewww.freedictionary.com visited on 19-
8.en.wikipedia.org\wiki\HIV|AIDS,visited on 19-6-2013.
10.See supra n.1 at p. 204
11.En.wikipedia.org/wiki/diagnosis of HIV/AIDs visited on
20/06/2013. These tests are conducted to detect HIV that
causes aids in serum saliva or urine. They may detect anti
bodies, antigens or RNA.
12.antibody which binds to human antibodies.
13.see supra n.1 at p 20
16.In USA even though Elisa test shows positive result, it's
not accepted unless it is confirmed by the Western Blot
Method; see supra n-11
17.Like antigens test, nucleic acid based test. CD4 cell count,
see supra n -11
19.See the 2006 consolidated version of international
guidelines on HIV/AIDs and Human Rights. See
data.unaids.org/publication/IRC-pub 07/jc 1252
international guidelines-on.pdf visited on 20/6/3013
22.See for a discussion infra
23.See for a discussion infra
24.See Art 2 of the Universal Declartaion of Human Rights,
25.Id at Art. 3
26.Id at Art.5
27.Id at Art.6
28.Id at Art .7
29.Id at Art. 9
30.Id at Art. 10
31.Id at Art.13
32.Id at Art. 16
33.Id at Art. 21(1)
34.Id at Art. 23
35.Id at Art .12, see also Art. 17 of the Inter National
Covenant on Civil and Political Rights.
36.See supra n.1.at p.206.
37.See I Kennedy & A. Grubb, 'Medical Law', London 2nd
Edn, (1994) p.129
39.J Hurley v. Eddingfield, 59 N.E.Ind.1901
41.AIR 1989 S.C. 2039
43.See Indian Medical Council (Professional Conduct,
Etiquette and Ethics) Regulations, 2002; See also
Hippocrates Oath.
44.See Goa Public Health Act, 1987.
45.See Supra n.43
46. I. Kennedy & A. Grubb, “Medical Law”, London, 2nd
Edition (1994) p.174
47.M. Arunachal Vadivel v Dr. N. Goplakrishnan (1992) 2
C.P.J.764 (Tamil Nadu S.C.D.R.C)
48.See for a discussion, infra.
49.Nathan, “Medical Negligence; London, (1957) P.159.
50.See supra n.46
51.For e.g. consent for operation involves consent for
administration of anaesthesia, manipulations and the other
incidental procedures.
52. Alan Meisel& Loren H Roth; “Towards an Informed
Discussion of Informed consent; A review and Critic of the
Emphirical Studies” 25 Arizona L.R. 268 (1983)
53.Gerald Robertson, 'Informed Consent to Medical
Treatment”, 97 L.Q.R. 102 (1981)
54.Tamil Nadu SCDRC,OP no 96/98 dated May 21,2002
55.Gillick v. West Nortfolk and Wish Bech Area Health
Authority, (1985)3 All E.R.402 (H.L)
56Malavade J.A.B. et al (2002) Ethical and Legal Issues in
HIV/AIDs and testing
57.Emily Jackson, Medical Law, Oxford, (2006) p.314
58Id at p 320
60. See supra n.1 at p 207
63.(1998)8 S.C.C. 296
65.See supra n. 57 at p 337
66.(1932) AC 564
67.See supra n 1 at p 207
69 Karak Singh v State of U.P. & others, AIR 1963 SC 1295
71.Art. 12 of UDHR
72.See for a discussion, supra
73.AIR 2001 AP 502
74.Art 47 of the Constitution imposes an obligation on the
State to protect and improve the public health.
75.See supra n.63
Golden Research Thoughts ISSN 2231-5063
Volume-3, Issue-2, August-2013
77.Madras High Court WP 3321/90 dtd 19th July 1990 (
78.AIR 1990 Bom 355
80.See supra n. 63
81.See sec 269 of the IPC
82.See supra n.63
83.See supra n.83
84.See supra n.1 at p. 212
85.The Hindu 28th Aug 1998
87.Naresh Kumar v Sunil Blood Bank &ors (1991) CPJ 645;
SauSunithaVasantHeganawar&ors v Meraj Medical Centre
(1994) II CPJ 504
88.See Common Cause v. Union of India AIR 1996 SC 929
90.See supra n. 80
92.See sec. 10 of the Act
93.Id at sec. 12
94.Id at sec. 14
95.See the schedule to the Act
96.See the relevant provision

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