The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
Chapter XII SPECIAL PROCEDURE IN COURT
Chapter XII SPECIAL PROCEDURE IN COURT
34. Suppression of identity.
- (1) In any legal proceeding in which a protected person is a party or such person is an applicant, the court, on an application by such person or any other person on his behalf may pass, in the interest of justice, any or all of the following orders, namely:—
- (a) that the proceeding or any part thereof be conducted by suppressing the identity of the applicant by substituting the name of such person with a pseudonym in the records of the proceedings in such manner as may be prescribed;
- (b) that the proceeding or any part thereof may be conducted in camera;
- (c) restraining any person from publishing in any manner any matter leading to the disclosure of the name or status or identity of the applicant.
- (2) In any legal proceeding concerning or relating to an HIV-positive person, the court shall take up and dispose of the proceeding on priority basis.
Chapter XII SPECIAL PROCEDURE IN COURT
35. Maintenance applications.
In any maintenance application filed by or on behalf of a protected person under any law for the time being in force, the court shall consider the application for interim maintenance and, in passing any order of maintenance, shall take into account the medical expenses and other HIV-related costs that may be incurred by the applicant.
Chapter XII SPECIAL PROCEDURE IN COURT
36. Sentencing.
In passing any order relating to sentencing, the HIV-positive status of the persons in respect of whom such an order is passed shall be a relevant factor to be considered by the court to determine the custodial place where such person shall be transferred to, based on the availability of proper healthcare services at such place.
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