The Commission in the past has come across a few cases in which children faced discrimination in access to education owing to their being HIV Positive. Moreover, a recent report by the Human Rights Watch had criticized the Government for doing to little to protect children already living with HIV/AIDS and virtually ignoring them. The report stated that children are not an important factor in policy formulation.
Concerned about this the Commission decided to ask the Centre and all the States to take effective measures to protect the rights of children affected by HIV/AIDS particularly in the area of education and health care. Dr. Justice A.S. Anand addressed letters in this connection to the Human Resource Development Minister, the Health & Family Welfare Minister, Government of India and to the Chief Ministers of all the States and Union Territories. He has asked them to consider taking immediate measures to protect the rights of the children:

i) Enact and enforce legislation to prevent children living with HIV/AIDS from being discriminated against, including being barred from attending schools.ii) Address school fees and related costs that keep children, especially girls, from going to school.iii) Provide all children, both in and out of school, with comprehensive, accurate and age-appropriate information about HIV/AIDS.iv) Provide care and protection to children whose parents are unable to care for them due to HIV/AIDS. Institutional arrangements must be made for extendingmedical aid to such children. (Hospitals and medical professionals should not be allowed to turn away people who are HIV+ve from being treated).