HIV and AIDS (Prevention and Control) Act, 2017

HIV and AIDS (Prevention and Control) Act, 2017


HIV (human immunodeficiency virus) Is A Virus That Attacks Cells That Fight body infection. The virus makes a person more vulnerable to other infections and diseases. It is spread by certain bodily fluids, most commonly during unprotected sex or through sharing injection drug equipment.

If the virus is left untreated, it can lead to the disease AIDS (acquired immunodeficiency syndrome). Treatment of AIDS/HIV is very important; otherwise, life expectancy can be a maximum of 11 years after being infected.

To safeguard the rights of the infected people and control the spread of the spread of the virus, the Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (Prevention and Control) Act, 2017 was passed on 20th April 2017 by the Parliament. The act’s main objective is to prevent discrimination against the infected people and spread awareness regarding the illness and its spread.


Objective and Scope of the Act

The objectives and scope of the act are as follows:

1. To stop the myths revolving around HIV or AIDS.

2. To prevent discrimination involving HIV or AIDS.

3. To punish people who spread myths and discrimination against HIV and AIDS infected people.

4. To provide equal rights and opportunities to the infected people.



Key Provisions

1. The act prohibits the discrimination towards the infected people. This prevents the spread of HIV/AIDS.

2. Without the concerned person’s permission, no research, test or treatment can be conducted.

3. The infected person who is below 18 years has a right to reside in a shared household.

4. The act prohibits publication and advocacy of hate against any infected person.

5. To look after and resolve the complaints and necessities regarding HIV and AIDS, there should be an ombudsman in every state.

6. Person spreads hatred against any infected person would be punished with minimum 3 months to a maximum of 3 months of two years imprisonment with a fine which may extend up to one lakh.

7. Antiretroviral Therapy (ART) is a legal right of every infected person.

8. Every infected person will be treated free of cost under the ‘test and treat’ policy.



Benefits of Act

1. The act has empowered the infected person to disclose discrimination in housing, property rights, health care, public services, education, public office keeping and insurance.

2. The exclusion of an infected person from segregation is prohibited. Every infected person has the right to live in a shared household and use non-discriminatory facilities. 

3. The act reads: “No person shall, by the expression, either spoken or written, print, spread, promote or convey the feelings of hatred against any protected persons or community of protected persons by signs or visible representations or otherwise.”

4. No infected person may undergo medical care, medical procedures, or research without informed consent under the law. 



Penalties under the Act

The Penalties for a person who violates the act are mentioned below:

1. Person spreading hate or discrimination against an infected person would be punished with a term of not less than three months imprisonment to a maximum imprisonment of two years with fine which may extend to one lakh rupees or both.

2. If a person violated the orders of ombudsman he has to pay a fine of up to ten thousand and if he fails to pay the fine then he has to pay a fine of five thousand every day till he pays the fine.

3. If a person discloses an infected person’s HIV status without his or her permission or without a court order or violates the ombudsman’s order and without testamentary guardianship then he can be penalized with a fine that can stretch up to one lakh rupees.

4. No person shall subject any other person or persons to any detriment on the ground that such person or persons have taken any of the following actions, namely: — 

(a) made a complaint under this act. 

(b) brought proceedings under this act against any person. 

(c) furnished any information or produced any document to a person exercising or performing any power or function under this act; or 

(d) appeared as a witness in a proceeding under this act