Section 5

Informed consent for undertaking HIV test or treatment.

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

  • Act 16 of 2017
  • Ministry of Health and Family Welfare
  • Department of Health and Family Welfare
About this Act

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.

All sections
    (1) Subject to the provisions of this Act,—
         (a) no HIV test shall be undertaken or performed upon any person; or
         (b) no protected person shall be subject to medical treatment, medical interventions or research,
except with the informed consent of such person or his representative and in such manner, as may be specified in the guidelines.
     (2) The informed consent for HIV test shall include pre-test and post-test counselling to the person being tested or such persons representative in the manner as may be specified in the guidelines.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

Scroll to Top