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HIV/AIDS Act to Protect Rights of Affected Persons Comes Into Force

The Act, which received Presidential assent on April 20 last year, prohibits discrimination against people living with Human Immunodeficiency Virus (PLHIV) in accessing healthcare, getting jobs, renting accommodation or in admission to public and private educational institutions.

News18.com
New Delhi: The HIV/AIDS Act 2017, which seeks to prohibit discrimination against affected persons, has come into effect with the government notifying it on Monday.

The Act, which received Presidential assent on April 20 last year, prohibits discrimination against people living with Human Immunodeficiency Virus (PLHIV) in accessing healthcare, getting jobs, renting accommodation or in admission to public and private educational institutions.


The requirement for HIV testing as a pre-requisite for obtaining employment or accessing healthcare or education is also prohibited. It says that "no person shall be compelled to disclose his HIV status except with his informed consent, and if required by a court order".

Establishments keeping records of information of HIV positive persons shall adopt data protection measures.


According to the law, every HIV infected or affected person below the age of 18 years has the right to reside in a shared household and enjoy the facilities of the household. It also prohibits any individual from publishing information or advocating feelings of hatred against HIV positive persons and those living with them.

The Act provides for guardianship for minors. A person between the age of 12 and 18 years who has sufficient maturity in understanding and managing the affairs of his HIV or AIDS affected family shall be competent to act as a guardian of another sibling below 18 years of age. This provision will be applicable in the matters relating to admission to educational establishments, operating bank accounts, managing property, care and treatment.

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