HIV/AIDS ACT, 2017

Sept. 12, 2018

Union Health Ministry has issued a notification for bringing the HIV/AIDS (Prevention and Control) Act, 2017 in force from 10th September, 2018.

Salient feature of Act:

It empowers a person living with HIV to report discrimination meted out against them in fields of employment, health care services, educational services, public facilities, property rights, holding public office, and insurance.
It penalises "propagation of hatred" against the protected person. Violator could be punished with a minimum jail term of three months to a maximum of two years and can be fined up to one lakh rupees.
It makes Anti-Retroviral Treatment (ART) a legal right for all HIV/AIDS patients. It has also adopted "test and treat" policy which means any person testing positive will be entitled for free treatment by the state and central government.
It provides for confidentiality of HIV-related information and makes it necessary to get informed consent for undertaking HIV tests, medical treatment and research.
It is mandatory for state governments to appoint an Ombudsman to inquire into complaints related to the violation of the Act and the provision of health care services. Failure to comply with any order given by the Ombudsman could lead to a fine a maximum of Rs 10,000.
It safeguards the property rights of HIV positive people. Every HIV infected person below the age of 18 years has the right to reside in a shared household and enjoy the facilities of the household.