Skip to main content

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

Central

An Act to provide for the prevention and control of the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and for the protection of human rights of persons affected by the said virus and syndrome and for matters connected therewith or incidental thereto.

Act number
16 of 2017
Ministry
Ministry of Health and Family Welfare
Department
Department of Health and Family Welfare
Enacted
20 Apr 2017

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

50 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Prohibition of discrimination.
  4. Section 4Prohibition of certain acts.
  5. Section 5Informed consent for undertaking HIV test or treatment.
  6. Section 6Informed consent not required for conducting HIV tests in certain cases.
  7. Section 7Guidelines for testing centres, etc.
  8. Section 8Disclosure of HIV status.
  9. Section 9Disclosure of HIV-positive status to partner of HIV-positive person.
  10. Section 10Duty to prevent transmission of HIV.
  11. Section 11Confidentiality of data.
  12. Section 12HIV and AIDS policy for establishments.
  13. Section 13Central Government and State Government to take measures.
  14. Section 14Anti-retroviral Therapy and Opportunistic Infection Management by Central Government and State Government
  15. Section 15Welfare measures by Central Government and State Government.
  16. Section 16Protection of property of children affected by HIV or AIDS.
  17. Section 17Promotion of HIV and AIDS related information, education and communication programmes.
  18. Section 18Women and children infected with HIV or AIDS.
  19. Section 19Obligation of establishments to provide safe working environment.
  20. Section 20General responsibility of establishments.
  21. Section 21Grievance redressal mechanism.
  22. Section 22Strategies for reduction of risk.
  23. Section 23Appointment of Ombudsman.
  24. Section 24Powers of Ombudsman.
  25. Section 25Procedure of complaint.
  26. Section 26Orders of Ombudsman.
  27. Section 27Authorities to assist Ombudsman.
  28. Section 28Report to State Government.
  29. Section 29Right of residence.
  30. Section 30HIV-related information, education and communication before marriage.
  31. Section 31Persons in care or custody of State.
  32. Section 32Recognition of guardianship of older sibling.
  33. Section 33Living wills for guardianship and testamentary guardianship.
  34. Section 34Suppression of identity.
  35. Section 35Maintenance applications.
  36. Section 36Sentencing.
  37. Section 37Penalty for contravention.
  38. Section 38Penalty for failure to comply with orders of Ombudsman.
  39. Section 39Penalty for breach of confidentiality in legal proceeding.
  40. Section 40Prohibition of victimisation.
  41. Section 41Court to try offences.
  42. Section 42Offences to be cognizable and bailable.
  43. Section 43Act to have overriding effect.
  44. Section 44Protection of action taken in good faith.
  45. Section 45Delegation of powers.
  46. Section 46Guidelines.
  47. Section 47Power of Central Government to make rules.
  48. Section 48Laying of rules before both Houses of Parliament.
  49. Section 49Power of State Government to make rules and laying thereof.
  50. Section 50Power to remove difficulties.