The HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT, 2017
chandigarh · 2017
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1The Act establishes the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, applicable nationwide.
- S. 2Section 2 defines key terms used in the HIV/AIDS Prevention and Control Act, including "AIDS," "capacity to consent," "child affected by HIV," and "discrimination" against HIV-positive individuals.
- S. 3Section 3 prohibits discrimination against individuals with HIV in employment, healthcare, education, and public services.
- S. 4Section prohibits spreading hatred or discrimination against protected HIV/AIDS individuals.
- S. 5Section mandates HIV tests and treatments only with informed consent and includes pre-test and post-test counseling.
- S. 6Section 6 exempts certain HIV tests from requiring informed consent, including court-ordered tests, medical research, and anonymous epidemiological studies.
- S. 7Section mandates HIV tests only if conducted centers follow specified guidelines.
- S. 8Section 8 protects individuals' HIV status confidentiality, requiring court orders or informed consent for disclosure except in specific professional or legal contexts.
- S. 9Section 9 restricts HIV-status disclosure by non-physicians and allows it by physicians or counselors under specific conditions.
- S. 10Section 10 mandates HIV-positive individuals to prevent HIV transmission, except in cases where disclosure may endanger women and their dependents.
- S. 11Section 11 mandates establishments to protect HIV-related records of protected persons through data protection measures.
- S. 12The Central Government shall notify model HIV and AIDS policy for establishments, in such manner, as may be prescribed
- S. 13Section mandates central and state governments to take necessary measures to prevent HIV/AIDS spread per guidelines.
- S. 14Section 14 mandates the Central and State Governments to provide HIV/AIDS diagnostic and treatment facilities and issue guidelines for their management.
- S. 15Section 15 mandates Central and State Governments to improve welfare access and frame schemes for HIV/AIDS-infected individuals.
- S. 16Section 16 protects the property rights of children affected by HIV/AIDS and allows guardians to seek help from Child Welfare Committees.
- S. 17Section mandates Central and State Governments to create HIV/AIDS awareness programs that are age-appropriate, gender-sensitive, and non-discriminatory.
- S. 18(1) The Central Government shall lay down guidelines for care, support and treatment of children infected with HIV or AI
- S. 19Section mandates healthcare and high-risk establishments to provide Universal Precautions, training, and Post Exposure Prophylaxis for occupational HIV exposure.
- S. 20Section 20 mandates compliance with the Act's provisions for establishments with 100+ people, or 20+ in healthcare, by those in charge.
- S. 21Section 21 mandates establishments to appoint a Complaints Officer to handle complaints about violations of the Act.
- S. 22Section 22 exempts strategies to reduce HIV transmission from legal restrictions, criminal or civil liability.
- S. 23The section mandates state governments to appoint an ombudsman to handle complaints related to HIV/AIDS prevention and control.
- S. 24Section 24 establishes an Ombudsman to investigate complaints of HIV/AIDS discrimination and healthcare service violations.
- S. 25Section 25 allows complaints to the Ombudsman regarding the Prevention and Control Act to be made by the State Government as prescribed.
- S. 26The Ombudsman investigates complaints about HIV/AIDS prevention and control, issues orders within 30 days, or 24 hours in emergencies.
- S. 27Section mandates authorities to assist the Ombudsman in executing its orders.
- S. 28Section 28 mandates the Ombudsman to report every six months on complaints, actions taken, and orders passed, which is published online and sent to the Central Government.
- S. 29Section 29 guarantees protected persons the right to live and use household facilities without discrimination.
- S. 30Section 30 mandates the Central Government to create and widely distribute guidelines for HIV-related information, education, and communication before marriage.
- S. 31Section 31 ensures HIV prevention, testing, and treatment services for individuals in state care or custody.
- S. 32Section 32 allows mature minors aged 12 to 18 to act as guardians for younger siblings affected by HIV/AIDS if parents or legal guardians are incapacitated.
- S. 33Section 33 allows parents or legal guardians of HIV-affected children to appoint a guardian via will, ensuring care and property management upon their incapacity or death.
- S. 34Section 34 allows courts to protect the identity of HIV-positive individuals in legal proceedings and prioritize their cases.
- S. 35Section 35 mandates courts to consider interim maintenance applications for protected persons, factoring in HIV-related medical and other costs.
- S. 36Section 36 considers HIV-positive status when determining custodial placement based on healthcare availability.
- S. 37Section 37 imposes penalties for violating confidentiality provisions in the HIV/AIDS Prevention and Control Act.
- S. 38Section 38 imposes fines for non-compliance with Ombudsman orders under the HIV/AIDS Prevention and Control Act.
- S. 39Section 39 prohibits disclosure of HIV status in legal proceedings without court order, with a fine up to one lakh rupees for breach.
- S. 40Section 40 prohibits retaliation against individuals for reporting, participating in, or supporting HIV/AIDS-related legal actions.
- S. 41No court other than the court of a Judicial Magistrate First Class shall take cognizance of an offence under this Act
- S. 42Section 42 makes offences under the Act cognizable and bailable, overriding the Code of Criminal Procedure, 1973.
- S. 43Section 43 overrides any conflicting laws or instruments when implementing the HIV/AIDS Prevention and Control Act.
- S. 44Section 44 protects government entities and officials from legal action for actions taken in good faith under this Act.
- S. 45Section 45 allows central or state governments to delegate powers under the Act to subordinate officers or local authorities.
- S. 46Section 46 authorizes the Central Government to issue guidelines for HIV/AIDS prevention, testing, treatment, and protection measures.
- S. 47(1) The Central Government may, by notification, make rules to carry out the provisions of this Act
- S. 48Section 48 mandates rules made under the Act to be presented to Parliament for 30 days, with potential modifications or annulment.
- S. 49(1) The State Government may, by notification, make rules for carrying out the provisions of this Act
- S. 50Section 50 allows the Central Government to issue orders to address difficulties in implementing the Act, but only within two years of its commencement.