{"id":4554,"date":"2025-01-10T12:50:45","date_gmt":"2025-01-10T07:20:45","guid":{"rendered":"https:\/\/indianlawsociety.com\/?p=4554"},"modified":"2025-01-12T11:07:32","modified_gmt":"2025-01-12T05:37:32","slug":"the-human-immunodeficiency-virus-and-acquired-immune-deficiency-syndrome-prevention-and-control-act-2017","status":"publish","type":"post","link":"https:\/\/karma.law\/insights\/law-library\/the-human-immunodeficiency-virus-and-acquired-immune-deficiency-syndrome-prevention-and-control-act-2017\/","title":{"rendered":"The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017"},"content":{"rendered":"\n
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Download Act<\/span>Download Act<\/span><\/span><\/a><\/div>\n<\/div>\n\n\n\n

Ministry of Health and Family Welfare<\/p><\/blockquote><\/figure>\n\n\n

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, aims to prevent and control the spread of HIV and AIDS, protect the rights of affected persons, and provide for related matters, including treatment and support.<\/p>\n

1: Act Background and Ministry Under Which This Act Is:<\/span><\/strong><\/p>\n

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, was enacted to address the prevention and control of HIV and AIDS and to protect the human rights of persons affected by the virus and syndrome. This act aims to provide a comprehensive legal framework for addressing the HIV\/AIDS epidemic in India. The act falls under the administrative purview of the Ministry of Health and Family Welfare, which is responsible for overseeing the implementation and enforcement of policies and programs related to HIV\/AIDS prevention and control. The ministry plays a crucial role in public health and welfare.<\/span><\/p>\n

2: Enactment Date, Number of Chapters, Number of Sections:<\/span><\/strong><\/p>\n

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, was enacted on 20th April, 2017, and is known as Act No. 16 of 2017. The act is structured into fourteen chapters. It comprises 50 sections, covering various aspects such as definitions, prohibition of discrimination, informed consent, disclosure of HIV status, obligations of establishments, anti-retroviral therapy, welfare measures, safe working environment, and penalties for violations. The act also includes provisions for special procedures in court. The act has been amended over time to adapt to evolving needs.<\/span><\/p>\n

3: Act Governed By:<\/span><\/strong><\/p>\n

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome Act is governed by the Central Government, which has the power to make rules and regulations under the Act. The act also empowers both Central and State Governments to take measures for the prevention and control of HIV\/AIDS. The act is governed by the provisions outlined within it, as well as guidelines issued by the Central government. It is a combination of central and state guidelines.<\/span><\/p>\n

4: On Whom It Is Applicable:<\/span><\/strong><\/p>\n

The provisions of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome Act are applicable to all individuals and entities involved in HIV\/AIDS prevention, treatment, and care in India. This includes healthcare providers, establishments, employers, and individuals affected by HIV\/AIDS. The act ensures that all stakeholders adhere to the standards and regulations outlined, as well as the rights of individuals affected by HIV\/AIDS. The general public are indirect beneficiaries of the Act’s provisions.<\/span><\/p>\n

5: Penalties\/Punishments:<\/span><\/strong><\/p>\n

The act prescribes penalties for violations, including:<\/span><\/p>\n