1.Introduction

Human Immunodeficiency Virus (HIV) is one of the most dangerous virus in the world that targets the immune system of the body resulting in AIDS (acquired immuno deficiency syndrome) if it is not treated.AIDS is an epidemic of such magnitude that it is which is spread all across the world with a major threat to the lives of people not just in India. HIV continues to be a serious global public health concern, having taken 40.4 million lives [32.951.3 million] to date and continuing to spread throughout all nations. Several nations have reported rising rates of new infections after years of decline.By the end of 2022, there were an anticipated 39.0 million [33.145.7 million] HIV-positive individuals worldwide.In India, there are 2,20,000 children living with HIV/AIDS, according to UNICEF India. An estimated 55,000 to 60,000 children born to HIV-positive mothers occur each year. [1]

Children who are HIV positive may face social exclusion directed at HIV-positive individuals and their families, and they are often victims of their surroundings.They are discriminated and bullied in educational institutions by forced to clean restrooms and classrooms etc. Based on the investigation into these matters,some NGOs informed the court that the abuse of the children started with the disclosure of their HIV-positive status in violation of confidentiality. Foster care, residential care, medical follow-up, and all other forms of protection that are accessible ard are necessary for the children affected by this.

2.Child Protection Measures In India with Legal Provisions regarding HIV And AIDS

a.The Juvenile Justice (Care and Protection of Children) Act, 2015

To provide proper care, protection, and treatment for children in need of care and protection, as well as to adopt a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established in this enactment, this Act aims to consolidate and amend the laws pertaining to children in need of care and protection[2].The four main 'UN conventions rights', Agreements on the Rights of the Child areThe Right to Live,Right to Development ,Right to Protection and the Right to take participation which are part of our Indian Constitution which will safeguard and protect the these children(affected or lived with people infected by HIV virus).

This act will protect Children in need of care and protection will be produced before Child Welfare Committee as they are affected by HIV or lived with HIV positive parents or guardians.Child Welfare Committee consists of a Chairperson with at least one Woman and four members in which at least one specialist on subjects pertaining kids. Based on Section 31(1), the Committee has the exclusive authority to decisions pertaining to the upbringing, treatment, care, and rehabilitation of children(affected or lived with people infected by HIV virus) as well as meeting their fundamental requirements and safeguarding their human rights.The Committee will also have the power of restoration of any child who need supervision and safety by providing them with appropriate guidance and returning them to their biological parents, guardians, adoptive parents,etc, under Section 39(3).[3] The Child Welfare Committee may also be contacted by parents or guardians to file complaints about the child being trespassed into or being deprived of their property rights.

b.The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

This act which came into effect on September 10, 2018 is aimed at preventing and controlling the spread of HIV/AIDS and for the defence of the human rights of those afflicted by the aforementioned virus and disease by preventing and managing the aforementioned virus and syndrome. The Act addresses the significant stigmatisation and discrimination faced by HIV affected people in India. A child affected by HIV is defined in Section 2(c) as any individual under the age of eighteen who is HIV-positive or whose parent or guardian with whom the child lives with is HIV-positive or who has lost a parent cause he/she due to AIDS or who lives in a NGOs that fosters children who have been left orphaned by parent who perished due to AIDS. Section 18 provides Guidelines for the assistance, care, and treatment of children infected with HIV or AIDS sand also takes steps to counsel and provide information regarding the outcome of pregnancy and HIV-related treatment to the HIV-positive women as the virus can be genetically transferred to the child as established by the Central Government.It also lays down the guidelines about how the "Discrimination"( refers to any action or inaction) that places any burden, obligation, liability, disability, or disadvantage on any child based on one or more HIV-related grounds will be held accountable and punished for committing such offence as the denial, discontinuation or unfair treatment towards those children as if violated their rights.[4]

c. Right of Children to Free and Compulsory Education(RTE)Act(2009)

In a PIL filed by Naz India and Non Government Organisation in 2015, the Indian Supreme Court ruled on May 5, 2017, that under the Right of Children to Free and Compulsory Education (RTE) Act (2009), children living with or affected by HIV (i.e., those who are HIV positive or negative but whose parent(s) is/are HIV positive) should be granted 'protected' status and classified as a "child belonging to a disadvantaged group.[5] The injunction proves the importance of the fact that the government must take the required actions to safeguard, advance, and uphold the human rights of individuals living with HIV, including the right to education.

The Central government is requested to develop and notify comprehensive guidelines under Section 35(1) of the RTE Act 2009, pertaining to children living with and affected by HIV/AIDS in schools, covering issues of right to education without any discrimination and confidentiality of their HIV-positive status. No child affected by HIV/AIDS may be suspended, expelled from any educational institution, or segregated in the classroom.[6] Recent research shows that school administrators are openly mocking children who are living with or impacted by HIV/AIDS and are progressively refusing them admittance, suspending, expelling, and segregating them in the classroom. Children are directly being denied admission to many educational institutions because them being children who live with or affected by HIV/AIDS.This act also will safeguard these children by prohibitions against and elimination of discrimination, harassment, and victimisation of children from underprivileged groups and eliminating discrimination in the admissions process, including denial or limitation of access to any benefits of enrolment because of segregation as the discrimination complaints will be taken seriously as they are considered as punishable offences.

d.The Commissions For Protection of Child Rights Act,2005

Under the Commission for Protection of Child Rights (CPCR) Act,2005, the Indian government established the National Commission for Protection of Child Rights (NCPCR) to carry out the duties and responsibilities delegated to it by the CPCR Act, 2005.The National Commission established by the law, State Commissions for the Protection of Children, and Children's Courts to expedite the trial of crimes against children or those involving the violation of their rights.The function of the National Commission For Protection Of Child Rights is to identify all the elements that prevent children enjoyment of their rights like being affected by HIV/AIDS and recommends the necessary corrective actions.[7]

3.Conclusion

HIV can be spread by needles used for drug injections, tattoos, and body piercings that have come into contact with blood contaminated with HIV, or through blood, semen, vaginal fluid, anal mucus and breast milk, if the person with HIV has a detectable viral load. Knowledge about the virus and the information regarding the symptoms and the protective measure that should be taken to not get infected should be teached to everyone. False information floating around in the social media will only create paranoia in the people with them thinking that the virus will be transmitted through just touching or sitting next to then, etc. This is one of the leading causes for the stigma and discrimination faced by the children affected with HIV, lived with HIV positive parents.Without the information being taught to the people they will just make false assumptions and violate the enjoyment the right of those children like denying them education and also the treatment of their disease should be given the first priority by the government to provide effective medical assistance.

Citations

1.HIV and AIDS,available at https://www.who.int/news-room/fact-sheets/detail/hiv-aids (December 30,2023)

2.THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 AND AMENDMENT ACT 2006. (Published In The Official Gazette In Sr. I No.10 Dated 7/6/2001 Vide Notification No. 10/4/99-LA (Vol.III) Dated 30/3/2001.),available at https://dwcd.goa.gov.in/the-juvenile-justice-care-and-protection-of-children-act-2000-and-amendment-act-2006-published-in-the-official-gazette-in-sr-i-no-10-dated-762001-vide-notification-no-10499-la-vol-iii-dat/ (December 30,2023)

3.Juvenile Justice(Care and Protection of Children) Act,2000 Amendment Act, 2006 andCentral Rules 2007,available at https://uppolice.gov.in/writereaddata/uploaded-content/Web_Page/28_5_2014_17_7_47_Salient%20features%20of%20J%20J%20Act,%202000%20Amendment%20Act%202006.pdf(December 30,2023)

4.THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT, 2017,available at https://naco.gov.in/sites/default/files/HIV%20AIDS%20Act.pdf (December 30,2023)

5.Indian Supreme Court rules that children living with or affected by HIV must be protected from discrimination in education,available at https://www.right-to-education.org/news/indian-supreme-court-rules-children-living-or-affected-hiv-must-be-protected-discrimination-0(December 30,2023)

6.Harish V Nair;"Schools show the door to HIV kids, Supreme Court takes up their cause",avaialble at https://www.indiatoday.in/mail-today/story/hiv-children-schools-show-the-door-sc-right-to-education-955372-2017-01-17 (December 30,2023)

7.THE COMMISSIONS FOR PROTECTION OF CHILDRIGHTS,2005,available at https://wcd.nic.in/sites/default/files/TheGazetteofIndia.pdf(December 30,2023)