AEGiS-14IAC: Indian laws exacerbate the vulnerability of women to HIV.

14th International AIDS Conference


Barcelona, Spain - July 7-12, 2002

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Indian laws exacerbate the vulnerability of women to HIV.

Int Conf AIDS 2002 Jul 7-12; 14:(abstract no. MoOrE1023)

Dubey N
Lawyers Collective HIV/AIDS Unit, Mumbai, India

BACKGROUND: Identifying impediments in Indian law and legal procedure permits a comprehensive understanding of the social and ethical issues that heighten the vulnerability of women to HIV and the targeting of areas of legal reform. Accordingly, a study of about 70 legal cases was undertaken in order to understand the legal issues faced by women living with HIV/AIDS.

METHOD: An analysis of the legal cases handled by Lawyers Collective HIV/AIDS Unit from the year 1998 to 2001 was undertaken. The analysis categorized female clients living with HIV/AIDS according to their age and marital status. The legal issues were identified and categorized in terms of family issues, economic dependence, property rights, maintenance, custody of children, discrimination in health care, issues of consent and confidentiality, criminal law relating to harassment.

RESULTS: The analysis found that most women fell within in the age group of 18-30 and over 50% were widows, economically dependent and unemployed. Most significantly, maintenance sought by women from husbands or in-laws has been a prominent issue. The ground realities and social circumstances relating to HIV have only perpetuated, exacerbated and heightened the inequalities that render women homeless and destitute. Unfortunately, Indian personal laws continue to perpetuate gender inequality and are ill equipped to resolve the varied difficulties faced by women in the social circumstances of HIV/AIDS.

CONCLUSIONS: There is an urgent need to reform laws affecting women, and to empower women by providing a strong system of structural legal support. It is also imperative that personal law reform be undertaken with a particular view to meeting the gender-specific needs of women affected and infected by HIV/AIDS.

Keywords: AEGIS, HIV Infections, Acquired Immunodeficiency Syndrome, HIV Seropositivity, Human Rights, Confidentiality, Research, Delivery of Health Care, Human, Adult, Female, Child, legislation & jurisprudence, EthicsKWDaegis,hivinfections,acquiredimmunodeficiencysyndrome,hivseropositivity,humanrights,confidentiality,research,deliveryofhealthcare,human,adult,female,child,legislation&jurisprudence,ethics

020707
MoOrE1023

Copyright © 2002 - International AIDS Society (IAS). Reproduction of this abstract (other than one copy for personal reference) must be cleared through the IAS.