THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT, 2017, ACT NO. 16 OF 2017, 20th April, 2017.
An Act to provide for the prevention and control of the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and for the protection of human rights of persons affected by the said virus and syndrome and for matters connected therewith or incidental thereto.
WHEREAS the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome is a matter of grave concern to all and there is an urgent need for the prevention and control of said virus and syndrome;
AND WHEREAS there is a need to protect and secure the human rights of persons who are HIVpositive, affected by Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and vulnerable to the said virus and syndrome;
AND WHEREAS there is a necessity for effective care, support and treatment for Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome;
AND WHEREAS there is a need to protect the rights of healthcare providers and other persons in relation to Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome;
AND WHEREAS the General Assembly of the United Nations, recalling and reaffirming its previous commitments on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome, has adopted the Declaration of Commitment on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (2001) to address the problems of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome in all its aspects and to secure a global commitment to enhancing coordination and intensification of national, regional and international efforts to combat it in a comprehensive manner;
AND WHEREAS the Republic of India, being a signatory to the aforesaid Declaration, it is expedient to give effect to the said Declaration. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:––
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| Title | The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 |
| Sections | Particulars |
| 1. | Short title, extent and commencement |
| 2. | Definitions |
| 3. | Prohibition of discrimination |
| 4. | Prohibition of certain acts |
| 5. | Informed consent for undertaking HIV test or treatment |
| 6. | Informed consent not required for conducting HIV tests in certain cases |
| 7. | Guidelines for testing centres, etc |
| 8. | Disclosure of HIV status |
| 9. | Disclosure of HIV-positive status to partner of HIV-positive person |
| 10. | Duty to prevent transmission of HIV |
| 11. | Confidentiality of data |
| 12. | HIV and AIDS policy for establishments |
| 13. | Central Government and State Government to take measures |
| 14. | Anti-retroviral Therapy and Opportunistic Infection Management by Central Government and State Government |
| 15. | Welfare measures by Central Government and State Government |
| 16. | Protection of property of children affected by HIV or AIDS |
| 17. | Promotion of HIV and AIDS related information, education and communication programmers |
| 18. | Women and children infected with HIV or AIDS |
| 19. | Obligation of establishments to provide safe working environment |
| 20. | General responsibility of establishments |
| 21. | Grievance redressal mechanism |
| 22. | Strategies for reduction of risk |
| 23. | Appointment of Ombudsman |
| 24. | Powers of Ombudsman |
| 25. | Procedure of complaint |
| 26. | Orders of Ombudsman |
| 27. | Authorities to assist Ombudsman |
| 28. | Report to State Government |
| 29. | Right of residence |
| 30. | HIV-related information, education and communication before marriage |
| 31. | Persons in care or custody of State |
| 32. | Recognition of guardianship of older sibling |
| 33. | Living wills for guardianship and testamentary guardianship |
| 34. | Suppression of identity |
| 35. | Maintenance applications |
| 36. | Sentencing |
| 37. | Penalty for contravention |
| 38. | Penalty for failure to comply with orders of Ombudsman |
| 39. | Penalty for breach of confidentiality in legal proceeding |
| 40. | Prohibition of victimisation |
| 41. | Court to try offences |
| 42. | Offences to be cognizable and bailable |
| 43. | Act to have overriding effect |
| 44. | Protection of action taken in good faith |
| 45. | Delegation of powers |
| 46. | Guidelines |
| 47. | Power of Central Government to make rules |
| 48. | Laying of rules before both Houses of Parliament |
| 49. | Power of State Government to make rules and laying thereof |
| 50. | Power to remove difficulties |
| Show Related Subordinates | Enforcement of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 |
| Show Related Subordinates | The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome(Prevention and Control) Rules, 2017 |