The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, came into force on September 10, 2018. It aims to prevent and control the spread of HIV and AIDS in the country and provides for penalties for discrimination against those affected by the virus. Introduced by senior Congress leader Ghulam Nabi Azad in 2014, the Bill was passed by the Rajya Sabha on March 22, 2017, and a month later by the Lok Sabha on April 12. It received the assent of the President on April 20, 2017.
The Act prohibits discrimination or unfair treatment of HIV-infected people on any grounds. It prohibits denial or discontinuation of healthcare services, right of movement, right to reside, purchase, rent or occupy property and hold public or private office etc.
It prohibits isolation of segregation of an HIV-positive person. Every HIV-positive person has the right to reside in a shared household and use facilities in a non-discriminatory manner.
The Act reads: “No person shall, by words, either spoken or written, publish, propagate, advocate or communicate by signs or by visible representation or otherwise the feelings of hatred against any protected persons or group of protected person.”
Under the law, no HIV-affected person can be subject to medical treatment, medical interventions or research without informed consent. Further, no HIV positive woman, who is pregnant, can be subjected to sterilisation or abortion without her consent.
No person is compelled to disclose his HIV status except by an order of the court. A breach of violation attracts a jail sentence of up to two years or a fine of up to Rs 1 lakh, or both.
Every establishment is obligated to keep HIV-related information protected. Every HIV-positive person is compelled to take reasonable precautions to prevent the transmission of HIV to other persons.
The state and Centre must make diagnostic facilities, anti-retroviral therapy and opportunistic infection management available to all HIV-infected people, and ensure wide dissemination of the same.
Every state has to appoint one or more Ombudsmen to inquire into violations of the provisions of the Act. Within 30 days of receiving a complaint, the Ombudsman is required to pass an order as he deems fit. Failing to comply with the orders of the Ombudsman attracts a penalty of up to Rs 10,000.
According to the provisions of the Act, no HIV test, medical treatment or research will be conducted on a person without his informed consent and no person shall be compelled to disclose his HIV status for obtaining employment or services, except with his informed consent, and if required by a court order.
The legislation has provisions to safeguard the property rights of HIV positive people which explains that 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.
The act also prohibits any individual from publishing information or advocating feelings of hatred against HIV positive persons and those living with them.
The act seeks to prevent and control the spread of HIV and AIDS and creates mechanisms for redressing the complaints of persons infected with HIV and AIDS.
Government’s role to ensure relief to HIV infected people
As per the Act, Union and state governments shall take measures to:
Prevent the spread of HIV or AIDSProvide anti-retroviral therapy and infection management for persons with HIV or AIDSFacilitate their access to welfare schemes especially for women and children, among others
The government will also issue necessary guidelines with respect to protocols for HIV and AIDS-related diagnostic facilities.
Anti-retroviral therapy and opportunistic infection management will also be applicable to all persons.
The Act has also adopted ‘test and treat’ policy which means that if a person is tested HIV positive during testing, he will be entitled to free treatment by the state and central government.
It also makes it mandatory for the state government to appoint an Ombudsman to inquire into complaints related to the violation of the Act.
Imprisonment on violation of Act
Violation of the act — by publishing information about people living with HIV (PLHIV) or advocating hatred against them — would attract imprisonment ranging from three months to two years or a maximum fine of Rs one lakh or both.
As of now, India has the third largest number of people living with HIV with the number estimated at 21.17 lakhs
In exercise of the powers conferred by sub-section 3 of section 1 of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, the Central Government hereby appoints the 10th day of September 2018, as the date on which the provisions of the said Act shall come into force.