Indian Laws on HIV Risk at Mining Sites

One of the deadliest killers in the world, the human immunodeficiency virus or HIV is thriving across various mining sites of India. India’s National Mineral Policy 2008 has encouraged massive foreign investment in the mining segment besides introduction of latest technologies. However, the growing number of HIV cases has raised concern amongst the health and the government officials in India. Illegal mining or continued mining even after the expiry of leases has led to a sharp surge in the number of HIV infected people. However, the country’s mining segment claims to be operating in accordance with the Indian laws and implementing various measures outlined by the International Labor Organization (ILO) to prevent the spread of HIV/AIDS virus.

Indian Laws on HIV and AIDS Programs

In India most of the legal issues arising out of HIV/AIDS are currently governed by common law. A comprehensive HIV law is yet to be implemented. Across several international forums, the Indian government has vowed to ensure greater awareness amongst the people about the causes, the impact and the ways to prevent AIDS. India’s National AIDS program involves offering funding and other help to create awareness, encourage testing and use of condoms to prevent the spread of this deadly disease in India especially the mining areas. Very little of these laws are actually beneficial for AIDS patients as they are reluctant to assert their rights in courts and risk social isolation.

Indian Laws to Prevent spread of HIV risk in Mining

The tribal people belonging to states such as Jharkhand, Orissa, Andhra Pradesh and several other regions in India are becoming more vulnerable to HIV infection, mostly due to the mining activities. The country’s health ministry itself reveals that several cases of HIV are being reported from these mines.  The practice of unsafe sex by thousands of drivers coming to these illegal mining sites has contributed to the spread of this deadly menace. Indian laws relating to containment and control of contagious diseases have been modified to include HIV. In fact, the HIV/AIDS Bill 2007 is still pending and if it becomes an act, it will provide for the treatment, counseling, support and care of persons infected with or affected by or at the risk of HIV/AIDS infection.

Indian Laws: How to Control the Risk of HIV and AIDS Breakouts Collectively

Mining companies across the world including India should have an official policy to manage and control the risk of HIV and AIDS breakouts. These companies need to develop their individual programs to combat such diseases in coordination with the international and national level organizations working to fight such problems.

International health authorities and existing Indian laws should initiate the following recommended measures:

• introduction of voluntary counseling and testing while ensuring full secrecy about the results.
• distribution of condoms.
• training of manager sand supervisors.
• encouraging everyone working in mining sites or living around such sites to know about their HIV status.

While on a global scale, organizations such as the World Health Organization (WHO), International Labor Organization (ILO), Global Business Coalition, International Finance Corporation (IFC), UNAIDS (the Joint United Nations Program on HIV/ADIS) are working to stop the spread of these deadly problems, individual countries should also operate their own programs. Finally, all mining companies should seek the help of the government, health authorities, Non Governmental Organizations and even other mining companies to contain HIV and AIDS related risks.