Section 3:
Prohibition of discrimination.
No person shall discriminate against the protected person on any
ground including any of the following, namely:—
(a) the denial of, or termination from, employment or occupation, unless, in the case of
termination, the person, who is otherwise qualified, is furnished with—
(i) a copy of the written assessment of a qualified and independent healthcare provider
competent to do so that such protected person poses a significant risk of transmission of HIV to
other person in the workplace, or is unfit to perform the duties of the job; and
(ii) a copy of a written statement by the employer stating the nature and extent of
administrative or financial hardship for not providing him reasonable accommodation;
(b) the unfair treatment in, or in relation to, employment or occupation;
(c) the denial or discontinuation of, or, unfair treatment in, healthcare services;
(d) the denial or discontinuation of, or unfair treatment in, educational, establishments and
services thereof;
(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or
enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity
dedicated to the use of the general public or customarily available to the public, whether or not for a
fee, including shops, public restaurants, hotels and places of public entertainment or the use of wells,
tanks, bathing ghats, roads, burial grounds or funeral ceremonies and places of public resort;
(f) the denial, or, discontinuation of, or unfair treatment with regard to, the right of movement;
(g) the denial or discontinuation of, or, unfair treatment with regard to, the right to reside,
purchase, rent, or otherwise occupy, any property;
(h) the denial or discontinuation of, or, unfair treatment in, the opportunity to stand for, or, hold
public or private office;
(i) the denial of access to, removal from, or unfair treatment in, Government or private
establishment in whose care or custody a person may be;
(j) the denial of, or unfair treatment in, the provision of insurance unless supported by actuarial
studies;
(k) the isolation or segregation of a protected person;
(l) HIV testing as a pre-requisite for obtaining employment, or accessing healthcare services or
education or, for the continuation of the same or, for accessing or using any other service or facility:
Provided that, in case of failure to furnish the written assessment under sub-clause (i) of
clause (a), it shall be presumed that there is no significant-risk and that the person is fit to perform the
duties of the job, as the case may be, and in case of the failure to furnish the written statement under
sub-clause (ii) of that clause, it shall be presumed that there is no such undue administrative or
financial hardship.