Act 16 of 2017

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 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.

  • Ministry of Health and Family Welfare
  • Department of Health and Family Welfare
  • Enacted 2017-04-20
  • 50 sections
SectionTitle
1 Short title, extent and commencement.Read
2 Definitions.Read
3 Prohibition of discrimination.Read
4 Prohibition of certain acts.Read
5 Informed consent for undertaking HIV test or treatment.Read
6 Informed consent not required for conducting HIV tests in certain cases.Read
7 Guidelines for testing centres, etc.Read
8 Disclosure of HIV status.Read
9 Disclosure of HIV-positive status to partner of HIV-positive person.Read
10 Duty to prevent transmission of HIV.Read
11 Confidentiality of data.Read
12 HIV and AIDS policy for establishments.Read
13 Central Government and State Government to take measures.Read
14 Anti-retroviral Therapy and Opportunistic Infection Management by Central Government and State GovernmentRead
15 Welfare measures by Central Government and State Government.Read
16 Protection of property of children affected by HIV or AIDS.Read
17 Promotion of HIV and AIDS related information, education and communication programmes.Read
18 Women and children infected with HIV or AIDS.Read
19 Obligation of establishments to provide safe working environment.Read
20 General responsibility of establishments.Read
21 Grievance redressal mechanism.Read
22 Strategies for reduction of risk.Read
23 Appointment of Ombudsman.Read
24 Powers of Ombudsman.Read
25 Procedure of complaint.Read
26 Orders of Ombudsman.Read
27 Authorities to assist Ombudsman.Read
28 Report to State Government.Read
29 Right of residence.Read
30 HIV-related information, education and communication before marriage.Read
31 Persons in care or custody of State.Read
32 Recognition of guardianship of older sibling.Read
33 Living wills for guardianship and testamentary guardianship.Read
34 Suppression of identity.Read
35 Maintenance applications.Read
36 Sentencing.Read
37 Penalty for contravention.Read
38 Penalty for failure to comply with orders of Ombudsman.Read
39 Penalty for breach of confidentiality in legal proceeding.Read
40 Prohibition of victimisation.Read
41 Court to try offences.Read
42 Offences to be cognizable and bailable.Read
43 Act to have overriding effect.Read
44 Protection of action taken in good faith.Read
45 Delegation of powers.Read
46 Guidelines.Read
47 Power of Central Government to make rules.Read
48 Laying of rules before both Houses of Parliament.Read
49 Power of State Government to make rules and laying thereof.Read
50 Power to remove difficulties.Read
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