THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT, 2017

ACT NO. 16 OF 2017 · Enacted [20th April, 2017.] · 50 sections

PRELIMINARY

Section 1.Short title, extent and commencement.

Section 2.Definitions.

PROHIBITION OF CERTAIN ACTS

Section 3.Prohibition of discrimination.

Section 4.Prohibition of certain acts.

INFORMED CONSENT

Section 5.Informed consent for undertaking HIV test or treatment.

Section 6.Informed consent not required for conducting HIV tests in certain cases.

Section 7.Guidelines for testing centres, etc.

DISCLOSURE OF HIV STATUS

Section 8.Disclosure of HIV status.

Section 9.Disclosure of HIV-positive status to partner of HIV-positive person.

Section 10.Duty to prevent transmission of HIV.

OBLIGATION OF ESTABLISHMENTS

Section 11.Confidentiality of data.

Section 12.HIV and AIDS policy for establishments.

ANTI-RETROVIRAL THERAPY AND OPPORTUNISTIC INFECTION MANAGEMENT FOR PEOPLE LIVING WITH HIV

Section 13.Central Government and State Government to take measures.

Section 14.Anti-retroviral Therapy and Opportunistic Infection Management by Central Government and State Government.

WELFARE MEASURES BY THE CENTRAL GOVERNMENT AND STATE GOVERNMENT

Section 15.Welfare measures by Central Government and State Government.

Section 16.Protection of property of children affected by HIV or AIDS.

Section 17.Promotion of HIV and AIDS related information, education and communication programmes.

Section 18.Women and children infected with HIV or AIDS.

SAFE WORKING ENVIRONMENT

Section 19.Obligation of establishments to provide safe working environment.

Section 20.General responsibility of establishments.

Section 21.Grievance redressal mechanism.

PROMOTION OF STRATEGIES FOR REDUCTION OF RISK

Section 22.Strategies for reduction of risk.

APPOINTMENT OF OMBUDSMAN

Section 23.Appointment of Ombudsman.

Section 24.Powers of Ombudsman.

Section 25.Procedure of complaint.

Section 26.Orders of Ombudsman.

Section 27.Authorities to assist Ombudsman.

Section 28.Report to State Government.

SPECIAL PROVISIONS

Section 29.Right of residence.

Section 30.HIV-related information, education and communication before marriage.

Section 31.Persons in care or custody of State.

Section 32.Recognition of guardianship of older sibling.

Section 33.Living wills for guardianship and testamentary guardianship.

SPECIAL PROCEDURE IN COURT

Section 34.Suppression of identity.

Section 35.Maintenance applications.

Section 36.Sentencing.

PENALTIES

Section 37.Penalty for contravention.

Section 38.Penalty for failure to comply with orders of Ombudsman.

Section 39.Penalty for breach of confidentiality in legal proceeding.

Section 40.Prohibition of victimisation.

Section 41.Court to try offences.

Section 42.Offences to be cognizable and bailable.

MISCELLANEOUS

Section 43.Act to have overriding effect.

Section 44.Protection of action taken in good faith.

Section 45.Delegation of powers.

Section 46.Guidelines.

Section 47.Power of Central Government to make rules.

Section 48.Laying of rules before both Houses of Parliament.

Section 49.Power of State Government to make rules and laying thereof.

Section 50.Power to remove difficulties.