The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV & AIDS) Prevention and Control Act, 2017 has been proclaimed by the Ministry of Health and Family Welfare. This act comes into effect from 10th September 2018. The approach aims to prevent the spread of HIV/AIDS, provide necessary care and therapy, foster a non-discriminatory environment, and establish guardianship and court proceedings for HIV-positive individuals.
Roles of Central and State Governments
Under this act, the central and state governments are required to instigate several measures. These include taking preventive steps against the proliferation of HIV/AIDS, providing anti-retroviral therapy (ART) for HIV-positive persons, ensuring easy access to welfare schemes especially for women and children, and devising age-appropriate, gender-sensitive, non-stigmatizing HIV/AIDS education communication programs.
They also have to set out guidelines for the care and treatment of children with HIV/AIDS, as well as provide prevention, testing, treatment, and counseling services for all those in the care and custody of the state.
Prohibition of Discrimination Against HIV Positive Individuals and Their Family Members
The new Act provides comprehensive protection against discrimination aimed at HIV-positive individuals and those residing with them. Discrimination encompasses denial, termination, or unfair treatment related to employment, education, health care services, leasing or renting property, standing for public or private office, and obtaining insurance coverage.
Informed Consent and Non-Disclosure of HIV Status
The law mandates that no HIV test, medical treatment, or research should be conducted without informed consent. HIV-positive individuals are not obligated to disclose their status unless there is a court order that requires such disclosure.
Appointment of Ombudsman
State governments will assign an ombudsman to investigate complaints related to the violation of the Act and provision of healthcare services. These ombudsmen are responsible for submitting a report every six months detailing the nature and number of complaints received, the resulting actions taken, and orders passed.
Guardianship Provisions
The Act grants a competent individual aged between 12 to 18 years, who can manage the affairs of an HIV/AIDS affected family, guardianship over another sibling under 18. This guardianship pertains to several areas including education, banking, property management, and care and treatment.
Priority Court Proceedings
Cases involving HIV positive persons are prioritized by the court. In any legal proceedings where an HIV-infected or affected individual is participating, the court can pass orders to suppress their identity or conduct the proceedings in camera.
Punishment for Violating the Act
Non-compliance with the Act, such as releasing information about HIV-positive individuals or fostering hate against them can result in imprisonment ranging from three months to two years or a fine up to Rs. 1 lakh.
The Way Forward
While the implementation of this Act is a significant step forward in ensuring the rights of HIV-affected individuals and preventing discrimination, it falls short in protecting those vulnerable to infection, untested individuals, and family members of infected individuals. There needs to be a comprehensive approach to successfully battling discrimination against both infected and vulnerable parties while creating safe spaces for them.
Furthermore, the legalization of homosexual relationships calls for the thorough enforcement of this Act. LGBTQ individuals are more susceptible to HIV and AIDS. However, with the Supreme Court’s decision to strike down section 377 and the introduction of the HIV and AIDS Act, societal stigmas around the LGBTQ community are expected to diminish gradually. This will allow for increased ease in seeking medical treatment for affected individuals. As per UNAIDS, in 2016, India had 80,000 new HIV infections and 62,000 AIDS-related deaths with only 49% accessing antiretroviral therapy.
