Total number of people living with HIV in India was estimated at around 20.9 lakh in 2011 and 1.45 lakh were children.
Supreme Court has asked State Governments to issue a notification to include the children affected with the HIV in the disadvantaged group for imparting free, compulsory education under 2009 law.
Apex Court Bench comprising of Chief Justice J S Khehar and Justice D Y Chandrachud expounded that so far, eleven states and one Union territory have issued notification effecting a change in Right of Children to Free and Compulsory Education Act, 2009 to also include the HIV positive kids in “disadvantaged group”.
Supreme Court Bench expounded that, ” The Remaining states, which have not issued the notification so far in this regard, have also not approached it with any objection and hence, it is presumed that they are agreeable to the proposal.
Thus Apex Cuurt enunciated that, “In view of absence of such objections, we direct all remaining states (except Jammu and Kashmir) to issue notification in eight weeks,”
The above observations were made by the bench while disposing of PIL filed by the NGO ‘Naz Foundation’ seeking special treatment for the HIV-positive kids in the schools across the country.
Earlier, the Apex Court had asked the State Governments to consider issuing the notification to include children living with or affected by the HIV as belonging to the disadvantaged group for imparting compulsory education.
According to National Aids Control Organisation report, total number of people living with the HIV in India was estimated at around 20.9 lakh in 2011 and 1.45 lakh were children of age less than 15 years.