The Pact

Universal Periodic Review of India

This report was prepared based on research from credible sources of information including the government, non- governmental organisations, media reports, and academic publications drawn from the public domain. In addition, input from experts and children and youth experts from youth focused/youth-led organizations from across India was sought through an online national consultation that was jointly conducted by Human Touch Foundation on February 23, 2022, held for the purpose of this submission. Approximately 32 participants from 8 states, all experts working substantially on HIV and SRHR, AL&YPLHIV, took part in the consultation and many remarks and input were consolidated during this process for drafting this report.

The report identified loopholes and human rights violations in legislation and policies, i.e. Medical Termination of Pregnancy (Amendment). Act, 2021 (MTPA Act), Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the operational guidelines and policies of National AIDS Control Organization (NACO).

The report makes the following recommendations: firstly, the Ministry of Health and Family Welfare should work on liberal provisions with regards to women’s right for abortion in the MTPA Act. Further, the MTPAAct and POCSO Act overlap, and should be re-looked from the perspective of adolescents and sexual health and rights. There should be national programmes for youth with disabilities about sexuality and implementation of the RPwD Act with regards to SRH. Further, in the area of HIV and AIDS, there should be a holistic appreciation of SRHR needs, concerns and aspirations of ALHIVs in the operational guidelines and policies of NACO.