The HIV/AIDS Act 2017, officially known as the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, is a law passed by the Parliament of India to prevent and control the spread of HIV/AIDS and protect the rights of individuals diagnosed with the condition.
The Act came into force on September 10, 2018. It also provides for a robust grievance redressal mechanism in the form of an Ombudsman at the State level and a Complaints Officer at the establishment level, aiming to provide speedy redressal.
Key Provisions of the HIV and AIDS (Prevention and Control) Act, 2017
🛑 Prohibition of Discrimination:
The Act prohibits unfair treatment of HIV-infected people in various areas, including:
Employment: No person can be denied employment or terminated based on their HIV status.
Education: HIV-positive individuals have the right to access educational establishments without discrimination.
Healthcare: Denial or discontinuation of healthcare services based on HIV status is prohibited.
Housing: HIV-positive individuals have the right to reside in a shared household and use facilities without discrimination.
🛡️ Protection of Rights:
Informed Consent: No HIV test or medical treatment can be conducted without informed consent, except in cases of licensed blood banks, medical research, and epidemiological purposes.
Non-Disclosure: HIV-positive individuals are not required to disclose their status unless mandated by a court order.
⚖️ Penalties:
Propagation of hate against HIV/AIDS affected persons can result in fines and imprisonment for up to two years.
💊 Access to Treatment:
Anti-retroviral treatment (ART) is a right for all HIV/AIDS affected persons.
🔍 Impact and Criticism
The Act has been hailed as a positive step towards protecting the rights of HIV/AIDS affected persons. India became the first country in South Asia to statutorily prohibit discrimination against people diagnosed with HIV/AIDS.
