The HIV/AIDS Act 2017
punjab · 2017
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- 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 Act 2017 (Punjab), including "AIDS," "capacity to consent," "child affected by HIV," and "discrimination" based on HIV-related grounds.
- S. 3Section 3 prohibits discrimination against individuals with HIV/AIDS in employment, healthcare, education, and public services.
- S. 4Section prohibits publication of content that incites hatred, discrimination, or violence against protected HIV/AIDS individuals.
- S. 5Section 5 mandates informed consent for HIV tests and treatments, with pre- and post-test counseling.
- S. 6Section 6 exempts certain situations from requiring informed consent for HIV testing, including court orders, medical research, epidemiological studies, and blood bank screenings.
- S. 7Section mandates HIV tests only if guidelines are followed by testing centers or laboratories.
- S. 8Section 8 protects individuals' HIV status confidentiality, requiring court orders or informed consent for disclosure, except in specific healthcare, legal, or court-ordered situations.
- S. 9Section 9 restricts healthcare providers from disclosing HIV-positive status to partners except under specific conditions, and protects them from liability.
- S. 10Obligates HIV-positive individuals to take precautions to prevent transmission, except in cases where disclosure may endanger women and their families.
- S. 11Section 11 mandates confidentiality and data protection measures for HIV-related records in establishments.
- S. 12The Central Government shall notify model HIV and AIDS policy for establishments, in such manner, as may be prescribed
- S. 13Section mandates state and central 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 services and issue guidelines for their implementation.
- S. 15Section 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 them to seek help from Child Welfare Committees.
- S. 17Section mandates the 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 to workers at risk of HIV exposure.
- S. 20Section 20 mandates compliance with the Act's provisions for establishments with 100+ people, or 20+ in healthcare.
- S. 21Section 21 mandates establishments to appoint a Complaints Officer to handle complaints about violations of the Act.
- S. 22Section 22 of The HIV/AIDS Act 2017 (Punjab) exempts strategies to reduce HIV transmission from legal restrictions or liability.
- S. 23The section mandates state governments to appoint an ombudsman to handle complaints related to the Act.
- S. 24Section 24 establishes an Ombudsman to investigate complaints of discrimination and healthcare service violations under the Act.
- S. 25Section 25 allows complaints to be made to the Ombudsman regarding violations under the HIV/AIDS Act.
- S. 26The Ombudsman must issue orders within 30 days for complaints, or 24 hours in medical emergencies, after hearing both parties.
- S. 27Section mandates authorities to assist the Ombudsman in executing its orders regarding HIV/AIDS.
- S. 28Section mandates the Ombudsman to report every six months on complaints, actions taken, and orders passed, to be published online and sent to the State and Central Governments.
- S. 29Section 29 guarantees the right of protected persons to live in and use shared household facilities without discrimination.
- S. 30Section 30 mandates the Central Government to create and distribute guidelines for HIV-related information and education before marriage.
- S. 31Section 31 guarantees HIV prevention, testing, and treatment services for all individuals in state care or custody.
- S. 32Section 32 of The HIV/AIDS Act 2017 (Punjab) allows mature children aged 12 to 18 to act as guardians for younger siblings if the parents or legal guardian are incapacitated due to HIV/AIDS.
- S. 33Section 33 allows parents or legal guardians of HIV/AIDS-affected children to appoint a guardian via will, even if the appointed guardian is incapacitated or deceased.
- S. 34Section 34 allows courts to protect the identity of HIV-positive individuals in legal proceedings and prioritize such cases.
- S. 35Section 35 mandates courts to consider and factor in HIV-related costs in maintenance applications for protected persons.
- S. 36Section 36 considers HIV-positive status as a factor for determining custodial placement based on healthcare availability.
- S. 37Section 37 imposes penalties for violating confidentiality provisions in the HIV/AIDS Act.
- S. 38Section imposes fines for non-compliance with Ombudsman orders under the HIV/AIDS Act.
- S. 39Section 39 prohibits disclosure of a protected person's HIV status obtained in legal proceedings, except by court order.
- S. 40Section 40 prohibits any form of retaliation against individuals for participating in HIV/AIDS Act proceedings.
- 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 HIV/AIDS Act cognizable and bailable, overriding the Code of Criminal Procedure.
- S. 43Section overrides any conflicting laws or instruments when implementing the HIV/AIDS Act.
- S. 44Section 44 provides immunity from legal proceedings for government entities and officials acting under the HIV/AIDS 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 implementing various provisions of the HIV/AIDS Act 2017.
- 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 resolve difficulties in implementing the Act, but only within two years of its commencement.