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The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) 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.
2017
List of Chapters & Sections

  1. PRELIMINARY

  2. 1
     Short title, extent and commencement
  3. 2
     Definitions

  • PROHIBITION OF CERTAIN ACTS

  • 3
     Prohibition of discrimination
  • 4
     Prohibition of certain acts

  • INFORMED CONSENT

  • 5
     Informed consent for undertaking HIV test or treatment
  • 6
     Informed consent not required for conducting HIV tests in certain cases
  • 7
     Guidelines for testing centres, etc

  • DISCLOSURE OF HIV STATUS

  • 8
     Disclosure of HIV status
  • 9
     Disclosure of HIV-positive status to partner of HIV-positive person
  • 10
     Duty to prevent transmission of HIV

  • OBLIGATION OF ESTABLISHMENTS

  • 11
     Confidentiality of data
  • 12
     HIV and AIDS policy for establishments

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

  • 13
     Central Government and State Government to take measures
  • 14
     Anti-retroviral Therapy and Opportunistic Infection Management by Central Government and State Governmen

  • WELFARE MEASURES BY THE CENTRAL GOVERNMENT AND STATE GOVERNMENT

  • 15
     Welfare measures by Central Government and State Government
  • 16
     Protection of property of children affected by HIV or AIDS
  • 17
     Promotion of HIV and AIDS related information, education and communication programmes
  • 18
     Women and children infected with HIV or AIDS

  • SAFE WORKING ENVIRONMENT

  • 19
     Obligation of establishments to provide safe working environment
  • 20
     General responsibility of establishments
  • 21
     Grievance redressal mechanism

  • PROMOTION OF STRATEGIES FOR REDUCTION OF RISK

  • 22
     Strategies for reduction of risk

  • APPOINTMENT OF OMBUDSMAN

  • 23
     Appointment of Ombudsman
  • 24
     Powers of Ombudsman
  • 25
     Procedure of complaint
  • 26
     Orders of Ombudsman
  • 27
     Authorities to assist Ombudsman
  • 28
     Report to State Government

  • SPECIAL PROVISIONS

  • 29
     Right of residence
  • 30
     HIV-related information, education and communication before marriage
  • 31
     Persons in care or custody of State
  • 32
     Recognition of guardianship of older sibling
  • 33
     Living wills for guardianship and testamentary guardianship

  • SPECIAL PROCEDURE IN COURT

  • 34
     Suppression of identity
  • 35
     Maintenance applications
  • 36
     Sentencing

  • PENALTIES

  • 37
     Penalty for contravention
  • 38
     Penalty for failure to comply with orders of Ombudsman
  • 39
     Penalty for breach of confidentiality in legal proceeding
  • 40
     Prohibition of victimisation
  • 41
     Court to try offences
  • 42
     Offences to be cognizable and bailable

  • MISCELLANEOUS

  • 43
     Act to have overriding effect
  • 44
     Protection of action taken in good faith
  • 45
     Delegation of powers
  • 46
     Guidelines
  • 47
     Power of Central Government to make rules
  • 48
     Laying of rules before both Houses of Parliament
  • 49
     Power of State Government to make rules and laying thereof
  • 50
     Power to remove difficulties