CLM addressing legal entitlements of people living with HIV

After our CLM findings that 95% of people living with HIV (PLHIV) are not aware of the India HIV/AIDS Act 2017, we organized different sensitization workshops among PLHIV along with the State Ombudsman for HIV which established under the Act. Post these workshops, during August and September 2024, we received four (4) complaints from individuals living with HIV related to stigma and discrimination, as well as rights claim relating to inheritance.

Two of these cases have been referred to the State Ombudsman under complaint numbers 08/2024/OMB-MACS and 09/2024/OMB-MACS. The remaining two cases are currently being processed at the Legal Aid Clinic of our organization under complaint numbers 59/09/LAC/CoNE/24 (dated September 3, 2024) and 60/09/LAC/CoNE/24 (dated September 18, 2024). If necessary, these two cases will also be referred to the Manipur State Legal Services Authority (MASLSA) or the State Ombudsman.

Action taken on Ombudsman Case No. 08/2024/OMB-MACS

This case centres arund disclosing HIV status without the consent of the person living with HIV. The complainant, a 25 years old person living with HIV who acquired HIV infection through vertical transmission, approached us at our Legal Aid Clinic on August 12, 2024. The complainant claims, having informed his wife of his HIV status prior to their marriage in 2023. The wife had to undergo termination of pregnancy due to medical complications related to the pregnancy in 2024. During this time, his in-laws learned of his HIV status, leading to their separation and unauthorized disclosure of his status to others.

The complaint was referred to the State Ombudsman on the same day, August 12, 2024. The case was resolved on September 20, 2024, and the order from the Ombudsman was passed on September 23, 2024 with strict instructions not to disclose the status further. For the separation of the couple, they were advised to approach the family court as the case will outside the remit of the Ombudsman.