•  
  •  
 

Florida State University Journal of Transnational Law & Policy

Abstract

HIV/AIDS in India continues to be a growing problem for the subcontinent as well as for the rest of the world. Because India has emerged as a global economic player and is the second most populous country in the world, devastation from HI V/AIDS in the region could have far-reaching global ramifications. The protection of civil liberties and elimination of discrimination is critical to any sustainable public health strategy. This article looks specifically at India's Persons with Disabilities Act (PWDA) as a potential tool in addressing HIV/AIDS discrimination. Disability law, as a mechanism for protecting persons living with HIV/AIDS, remains relatively unexplored and underutilized. Currently India stands at an important crossroads in regards to both its disability laws and its fight against HIV/AIDS. As noted in the paper, India's recent ratification of the UN Convention of Rights of Persons with Disabilities (UNCRPD) obligates India to make a complete overhaul of its disability laws and adopt a rights-based approach. In this article, I recommend reforming India's PWDA to expand its protections to not meet only its international obligation but also as a public health strategy. In order to reform its disability law, this paper looks to the American example. This paper will look specifically at the protections afforded in India's Persons With Disabilities Act (PWDA) and compare it to the Americans with Disabilities Act (ADA). While the rights guaranteed under the PWDA are limited and narrowly construed, the ADA is broadly construed and was amended in January 2009 to statutorily protect the rights of people affected with HI V/AIDS. Ultimately, by analyzing both systems, this paper hopes to give guidance to India in reforming PWDA to not only meet its international obligation but also to serve as an effective mechanism against the epidemic.

Download

Included in

Law Commons

Share

COinS