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Act To End Discrimination Of HIV/AIDS Victims - Finally Enforced!

Finally, Central Government has enforced the HIV/AIDS Act 2017 on September 10, 2018, through a notification as the bill was passed in April 2017. The Ministry of Health and Family Welfare, through this Act, will seek to provide equality of opportunities and end discrimination of HIV/AIDS victims in India.

It is true, that the government helps a person as well as the state to develop in various ways. A step ahead to end the discrimination faced by the people suffering from HIV/ AIDS. 

The notification passed by the Central Government in the official gazette on 10th September 2018 clearly states that it shall be considered as the date from which the provisions of the Human Immuno Deficiency Syndrome (Prevention and Control) Act 2017 shall come into force.

The present Act was passed by the Parliament in the year 2017, but now, as per the Section 1(3) of the Act, it is in effect from the date of notification by the Central Government.

The Act aims to provide people suffering from HIV/AIDS with equal opportunities as given to other normal individuals and also aims to avoid the discrimination faced by the victims of these diseases.

Further, there are some more features of the Act which states as:

  • Discrimination and unfair treatment in terms of termination from a job, denial from residing in a property and etc. have been prohibited.
  • Test of HIV as a prerequisite for getting a job has been prohibited.
  • The disclosure of HIV status shall be done only by the free consent of the affected person or if required, then by a court order.
  • People below the age of 18 years, suffering from HIV positive possess an equal right to reside in a household, as that of a normal human being.
  • For the prevention of the disease like HIV or AIDS Central and the State Government have been made responsible. It is their duty to provide with the antiretroviral therapy and infection management to the persons suffering from HIV or AIDS.

Courts are also directed to dispose of cases that relate to the HIV positive people on the priority basis, and if there is any legal proceeding in which the HIV positive person is a party, then:

  • The proceedings to be conducted by hiding the identity of the person
  • Through in camera proceedings,
  • Restrain people from revealing the identity of the person.

An Ombudsman to be appointed by the State Government, who shall monitor all the complaints relating to the violation of the Act.

The Ombudsman is also supposed to submit a report to the respective state government in every six months that states the number, nature, actions taken and order passed in respect of those complaints.


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Reviewed by:
Jyoti Yadav
Published on 13-Sep-18