Annual Report - National Human Rights Commission

Right to Health
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Provide care and protection to children whose parents are unable to care for them due to
HIV/AIDS.
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Provide all children, both in and out of school, with comprehensive, accurate and
age - appropriate information about HIV/AIDS.
7.25 The ‘Action Taken Report’ has been received from the States/Union Territories of Punjab,
Manipur, Maharashtra, Himachal Pradesh, Jammu & Kashmir and Tamil Nadu whereas other
States/Union Territories viz, Assam, Nagaland,. Delhi, Bihar, Uttaranchal, Madhya Pradesh and
Haryana have only acknowledged the receipt of the letter at the level of Chief Minister stating
that the necessary instruction has been issued in the matter. Maharashtra Government has a
policy of Child Welfare, 2004 under which a child with HIV/AIDS cannot be denied entrance
in the school. Sensitization programmes are being carried out in many states. Anti Retroviral
therapy has been provided to AIDS patients.
E] Female Foeticide
Female Foeticide and Infanticide
7.26 The issue of female foeticide and infanticide was examined in detail in the Commission’s
annual reports for the year 1995-1996, 1999-2000 and 2000-2001. In these reports, it
confirmed the persistence of patterns of discrimination against the girl child, both before
and after birth, despite the vision of the Constitution, which under Article 14, expressly
proclaims equality before the law and, under Article 15, unequivocally prohibits
discrimination on grounds of religion, race, caste, sex or place of birth. Analysing the ‘Human
Rights Dimensions’ of Census 2001 in the annual report covering 2000-2001, it also called
for a concerted effort to end the misuse of sex-determination tests which had encouraged
the evil practice of female foeticide, for it not only violated the right to life but happened to
be one of the worst possible forms of discrimination based on sex. Prior to this, commenting
on the proceedings and recommendations made by the Committees pertaining to the
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
and the Convention on the Rights of the Child (CRC) before which India had presented its
country reports, the Commission in the annual report covering 1999-2000 had simultaneously
made its own recommendations concerning the steps that Government of India should take
to end gender discrimination.
7.27 One of the recommendations was that ‘a vigorous and comprehensive national campaign
be undertaken against female foeticide and female infanticide, as these are matters,
which need urgent and utmost concern of the Government of India and the State
Governments’.
7.28 Recognizing the crucial linkages between population policy, development and human
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