Friends, please find attached the HIV & AIDS (Prevention & Control) Act 2017, which came into force on 10.9.2018 as per the attached notification. The key highlights of the Act are as follows:
Prohibition of discrimination against HIV-positive persons
The Act prohibits discrimination against HIV-positive persons on various grounds, including denial, termination, discontinuation, or unfair treatment related to employment, educational establishments, healthcare services, residing or renting property, among others.
Informed consent and disclosure of HIV status
The Act mandates that no HIV test, medical treatment, or research should be conducted on a person without their informed consent.
Role of the Union and State Governments
The Union and State Governments are required to 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, among other responsibilities.
Role of the Ombudsman
Each state government is tasked with appointing an ombudsman to investigate complaints related to the violation of the Act and the provision of healthcare services.
Guardianship
Individuals between 12 to 18 years of age who demonstrate sufficient maturity in understanding and managing the affairs of their HIV or AIDS-affected family are deemed competent to act as guardians for siblings under 18 years of age.
Court proceedings
Cases involving HIV-positive persons are to be prioritized by the court. In legal proceedings where an HIV-infected or affected person is a party, the court may issue orders to protect the person's identity and restrict the disclosure of information.
According to Section 20 of the Act, establishments with 100 or more employees must designate a Complaints Officer. Furthermore, these establishments are required to adhere to the model HIV & AIDS Policy issued by the Central Government under Section 12.
Thank you.
Prohibition of discrimination against HIV-positive persons
The Act prohibits discrimination against HIV-positive persons on various grounds, including denial, termination, discontinuation, or unfair treatment related to employment, educational establishments, healthcare services, residing or renting property, among others.
Informed consent and disclosure of HIV status
The Act mandates that no HIV test, medical treatment, or research should be conducted on a person without their informed consent.
Role of the Union and State Governments
The Union and State Governments are required to 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, among other responsibilities.
Role of the Ombudsman
Each state government is tasked with appointing an ombudsman to investigate complaints related to the violation of the Act and the provision of healthcare services.
Guardianship
Individuals between 12 to 18 years of age who demonstrate sufficient maturity in understanding and managing the affairs of their HIV or AIDS-affected family are deemed competent to act as guardians for siblings under 18 years of age.
Court proceedings
Cases involving HIV-positive persons are to be prioritized by the court. In legal proceedings where an HIV-infected or affected person is a party, the court may issue orders to protect the person's identity and restrict the disclosure of information.
According to Section 20 of the Act, establishments with 100 or more employees must designate a Complaints Officer. Furthermore, these establishments are required to adhere to the model HIV & AIDS Policy issued by the Central Government under Section 12.
Thank you.
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