section 9
Disclosure of HIV-positive status to partner of HIV-positive person.
The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017Health201750 sections14 chapters
Chapter IV DISCLOSURE OF HIV STATUS
Statutory text
- (1) No healthcare provider, except a physician or a counsellor, shall disclose the HIV-positive status of a person to his or her partner.
- (2) A healthcare provider, who is a physician or counsellor, may disclose the HIV-positive status of a person under his direct care to his or her partner, if such healthcare provider—
- (a) reasonably believes that the partner is at the significant risk of transmission of HIV from such person; and
- (b) such HIV-positive person has been counselled to inform such partner; and
- (c) is satisfied that the HIV-positive person will not inform such partner; and
- (d) has informed the HIV-positive person of the intention to disclose the HIV positive status to such partner: Provided that disclosure under this sub-section to the partner shall be made in person after counselling: Provided further that such healthcare provider shall have no obligation to identify or locate the partner of an HIV-positive person: Provided also that such healthcare provider shall not inform the partner of a woman where there is a reasonable apprehension that such information may result in violence, abandonment or actions which may have a severe negative effect on the physical or mental health or safety of such woman, her children, her relatives or someone who is close to her.
- (3) The healthcare provider under sub-section (1) shall not be liable for any criminal or civil action for any disclosure or non-disclosure of confidential HIV-related information made to a partner under this section.
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