India's HIV Prevention and Control Act, 2017: All you need to know about it

Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 is now a reality in the country and has come into force from September 10, 2018. Her's all you should know about the provisions of this new law.

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Written By: Sreemoyee Chatterjee | Updated : September 11, 2018 8:00 PM IST

September 10, 2018 will remain as a landmark date with India officially getting its Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017. The primary objective of this Act is to prevent and check the spread of HIV and AIDS across the country. Not just that, this Act will also provide penalties for discriminating on grounds of HIV/AIDS. The bill was introduced by senior Congress leader Ghulam Nabi Azad back in 2014 following which it got passed by the Rajya Sabha on March 22, 2017. Lok Sabha passed it a month later, on April 12, 2017 and it finally received the assent of the President on April 20, 2017.

This act was the need of the hour, believe experts as India has the third largest HIV-infected population in the world with around 2 million people suffering from it. India now aims to curb new infections by 75% between 2010 and 2020 and eliminate AIDS by 2030, according to recent media reports.

What is the new HIV/AIDS Act all about?

The Act bans discrimination or unfair treatment of those who are HIV-infected on any grounds. It also prohibits denial or discontinuation of treatment, right of movement, right to reside, purchase, rent or occupy property and hold both public and private office, highlight the media reports. Under this Act, an HIV-positive person cannot be isolated or segregated. It provides all infected patients the right ti live in a shared household and use facilities in an unbiased manner.

According to the latest reports, 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 persons."

It is a win-win for HIV infected patients

The law clearly states that an infected person cannot be subjected to medical treatment, medical interventions or research without prior, informed consent. Also, a pregnant HIV positive woman cannot be subjected to sterilisation or abortion without her consent under the law. The law provides an infected person with the authority to decide if he or she would like to disclose his or her HIV status. In case he or she is compelled to, it may either lead to a jail sentence of up to 2 years or a fine of up to Rs 1 lakh, or both.

The law makes it mandatory for every establishment to keep HIV-related information confidential. Also, it compels an infected person to take effective precautions to prevent the spread of the virus.

Under this Act, the states and the centre are obliged to make diagnostic facilities, anti-retroviral therapy and opportunistic infection management available to all patients. Each state is required to appoint one or more investigating officials to keep a track on violations of the Act's provisions and pass an order within 30 days of receiving a complaint. In case if someone fails to comply with the orders of the official, he or she will have to pay a penalty worth Rs 10,000.

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