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Act To End Discrimination Of HIV/AIDS Victims Notified By Centre One Year After Its Passing

The Ministry of Health and Family Welfare has notified the ‘Human Immuno-Deficiency Virus and Acquired Immuno Deficiency Syndrome(Prevention and Control) Act 2017’ in the official gazette on September 10. The Act, which seeks to provide equality of opportunities and end discrimination of HIV/AIDS victims, was passed by the Parliament a year ago, in April 2017.

As per Section 1(3) of the Act, it will come into effect only from the date of notification by the Central Government.

Salient features of the Act:

  • Discrimination against HIV positive persons and those living with them has been prohibited on various grounds. These include the denial, termination, discontinuation or unfair treatment with regard to: (i) employment, (ii) educational establishments, (iii) health care services, (iv) residing or renting property, (v) standing for public or private office, and (vi) provision of insurance (unless based on actuarial studies).
  • The stipulation for HIV testing as a pre-requisite for obtaining employment or accessing health care or education has been prohibited.
  • Disclosure of HIV status shall only be permitted with the affected person’s informed consent, and if required, by a Court order. Establishment keeping records of information of HIV positive persons have been directed to adopt data protection measures.
  • HIV positive persons below the age of 18 years have the right to reside in a shared household, and enjoy the facilities of the household.
  • Central and State Governments have been made responsible for (i) preventing the spread of HIV or AIDS, (ii) providing anti-retroviral therapy and infection management for persons with HIV or AIDS, (iii) facilitating their access to welfare schemes especially for women and children, (iv) formulating HIV or AIDS education communication programmes that are age appropriate, gender sensitive, and non stigmatizing, and (v) laying guidelines for the care and treatment of children with HIV or AIDS.
  • Courts have been directed to dispose of on priority basis, cases relating to HIV positive persons. In any legal proceeding, if an HIV infected or affected person is a party, the Court may pass orders that the proceedings be conducted (a) by suppressing the identity of the person, (b) in camera, and (c) to restrain any person from publishing information that discloses the identity of the applicant.
  • The complaints relating to violation of the Act, as well as the provision of health care services shall be inquired into by an ombudsman, who shall be appointed by each State Government. The ombudsman is expected to submit a report to the State Government every six months, stating the number and nature of complaints received, the actions taken and orders passed.

Read the Act 

Read Notification

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