Vidhi Codex

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

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

Health201750 sections14 chapters

This Indian law regulates how healthcare systems, employers, and the public treat individuals living with or affected by HIV. Applying to all individuals and organizations in India, it strictly prohibits discrimination in employment, education, healthcare, and housing. It mandates informed consent for HIV testing and treatment while protecting personal privacy by keeping HIV status confidential, except under specific legal exceptions. This national legislation matters because it safeguards the fundamental rights and dignity of vulnerable people, ensures they can access healthcare and work without fear of bias, and helps control the spread of the virus through legal protection and public education.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II PROHIBITION OF CERTAIN ACTS →

  1. 3Prohibition of discrimination.
  2. 4Prohibition of certain acts.

Chapter III INFORMED CONSENT →

  1. 5Informed consent for undertaking HIV test or treatment.
  2. 6Informed consent not required for conducting HIV tests in certain cases.
  3. 7Guidelines for testing centres, etc.

Chapter IV DISCLOSURE OF HIV STATUS →

  1. 8Disclosure of HIV status.
  2. 9Disclosure of HIV-positive status to partner of HIV-positive person.
  3. 10Duty to prevent transmission of HIV.

Chapter V OBLIGATION OF ESTABLISHMENTS →

  1. 11Confidentiality of data.
  2. 12HIV and AIDS policy for establishments.

Chapter VI ANTI-RETROVIRAL THERAPY AND OPPORTUNISTIC INFECTION MANAGEMENT FOR PEOPLE LIVING WITH HIV →

  1. 13Central Government and State Government to take measures.
  2. 14Anti-retroviral Therapy and Opportunistic Infection Management by Central Government and State Government

Chapter VII WELFARE MEASURES BY THE CENTRAL GOVERNMENT AND STATE GOVERNMENT →

  1. 15Welfare measures by Central Government and State Government.
  2. 16Protection of property of children affected by HIV or AIDS.
  3. 17Promotion of HIV and AIDS related information, education and communication programmes.
  4. 18Women and children infected with HIV or AIDS.

Chapter VIII SAFE WORKING ENVIRONMENT →

  1. 19Obligation of establishments to provide safe working environment.
  2. 20General responsibility of establishments.
  3. 21Grievance redressal mechanism.

Chapter IX PROMOTION OF STRATEGIES FOR REDUCTION OF RISK →

  1. 22Strategies for reduction of risk.

Chapter X APPOINTMENT OF OMBUDSMAN →

  1. 23Appointment of Ombudsman.
  2. 24Powers of Ombudsman.
  3. 25Procedure of complaint.
  4. 26Orders of Ombudsman.
  5. 27Authorities to assist Ombudsman.
  6. 28Report to State Government.

Chapter XI SPECIAL PROVISIONS →

  1. 29Right of residence.
  2. 30HIV-related information, education and communication before marriage.
  3. 31Persons in care or custody of State.
  4. 32Recognition of guardianship of older sibling.
  5. 33Living wills for guardianship and testamentary guardianship.

Chapter XII SPECIAL PROCEDURE IN COURT →

  1. 34Suppression of identity.
  2. 35Maintenance applications.
  3. 36Sentencing.

Chapter XIII PENALTIES →

  1. 37Penalty for contravention.
  2. 38Penalty for failure to comply with orders of Ombudsman.
  3. 39Penalty for breach of confidentiality in legal proceeding.
  4. 40Prohibition of victimisation.
  5. 41Court to try offences.
  6. 42Offences to be cognizable and bailable.

Chapter XIV MISCELLANEOUS →

  1. 43Act to have overriding effect.
  2. 44Protection of action taken in good faith.
  3. 45Delegation of powers.
  4. 46Guidelines.
  5. 47Power of Central Government to make rules.
  6. 48Laying of rules before both Houses of Parliament.
  7. 49Power of State Government to make rules and laying thereof.
  8. 50Power to remove difficulties.

PDF: pending for this language.