PFA HIV & AIDS (Prevention & Control) Act 2017 which has come into force from 10.9.2018 as per notification attached. Key highlights of the Act are:
Prohibition of discrimination against HIV positive persons: The Act sets various grounds on which discrimination against HIV positive persons is prohibited. These include the denial, termination, discontinuation or unfair treatment with regard to employment, educational establishments, health care services, residing or renting property, among others.
Informed consent and disclosure of HIV status: The Act requires that no HIV test, medical treatment, or research will be conducted on a person without his informed consent.
Role of the Union and State Governments: The Union and State Governments shall take measures to prevent the spread of HIV or AIDS, provide anti-retroviral therapy and infection management for persons with HIV or AIDS, facilitate their access to welfare schemes especially for women and children, and others.
Role of the Ombudsman: An ombudsman shall be appointed by each state government to inquire into complaints related to the violation of the Act and the provision of health care services.
Guardianship: A person between the age of 12 to 18 years who has sufficient maturity in understanding and managing the affairs of his HIV or AIDS affected family shall be competent to act as a guardian of another sibling below 18 years of age.
Court proceedings: Cases relating to HIV positive persons shall be disposed off by the court on a priority basis. In any legal proceeding, if an HIV infected or affected person is a party, the court may pass orders that the proceedings be conducted (a) by suppressing the identity of the person, (b) in camera, and (c) to restrain any person from publishing information that discloses the identity of the applicant.
As per Section 20 of the Act every establishing consisting of 100 or more persons are required to designate a person as Complaints Officer under the Act. Further, establishments have to follow model HIV & AIDS Policy notified by the Central Govt. under Section 12.
From India, Malappuram
Thanks Mr. Agrawal. I would request you & other members also to kindly guide on the following provisions of this Act, & how to go about it in terms of execution and implementation steps.
1) Appointment of complaints officer for disposing complaints:-
Appoint a person of senior rank within 180 days of the commencement of the Act, as the Complaints Officer, who shall dispose of complaints of violations of the provisions of this Act in the establishment, in such manner as may be prescribed.
2) Training of the complaints officer:-
Provide to the Complaints Officer within thirty days of appointment training on the provisions of the Act including information on prevention, care, support and treatment related to HIV, human sexuality, sexual orientation and gender identity, drug use, sex work, people vulnerable to HIV, stigma and discrimination, principles of the greater involvement of people living with HIV, strategies of risk reduction, etc.
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