FAQs

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act 2017 is a central legislation which came into effect from September 10 2018. br The HIV and AIDS Act 2017 is applicable on all over INDIA.

<p>The objective of the Act is to provide for the prevention and control of the spread of HIV and AIDS and for the protection of human rights of persons affected by the said virus and syndrome.</p>

The Act consists of 50 sections divided under 14 chapters.

protected person means a person who is HIV-positive or is generally living with a person who is an HIV-positive person or has generally lived with a person who is HIV-positive

No protected person can be discriminated against in the following: <ul> <li>employment/business</li> <li>health care services</li> <li>public place</li> <li>educational establishment</li> <li>right to travel</li> <li>property right</li> <li>Opportunity to hold public/private office</li> <li>Care and Custody Access to Government/Private Establishment employment&nbsp </li> </ul>

HIV testing is not a pre-requisite for obtaining or continuing employment or for accessing health services or education or for using any other service or facility.

Prohibition of certain acts (Section 4 of the HIV and AIDS Act 2017) expressed through words either spoken or written published publicized advocacy communicated by signs visual representation dissemination broadcast advertising displaying any information with feelings of hatred or in general any with or specifically the intention of propagating hatred against protected persons.

It is mandatory to obtain and secure informed consent through any person or his representative. <ul> <li>Conducting an HIV Test</li> <li>Conducting medical treatment medical intervention or research</li> <li>The informed consent for HIV Test includes pre-test and post-test counseling.</li> <li>No HIV positive woman who is pregnant shall be subjected to sterilization or abortion without obtaining her informed consent.</li> </ul>

Any strategy or mechanism or technique implemented for the purpose of reducing the risk of HIV transmission by persons establishments or organizations cannot be prohibited in any manner and cannot be held legally liable for it.

A minor below the age of 18 years but not less than 12 years who is of sufficient maturity of understanding and who is a managing member of a family affected by HIV and AIDS may act as a guardian of other siblings below the age of 18 years for the following purposes: can function <ul> <li>Admission to Educational Institutions</li> <li>Care and Protection</li> <li>Treatment</li> <li>Operation of bank accounts</li> <li>Asset Management</li> <li>Any other purpose which may be required to be discharged</li> </ul>

Everyone has the right strong not strong to disclose HIV status br strong No strong person shall be compelled to disclose his HIV status without a court order that the disclosure of such information is necessary in the interest of justice to determine the issues in the case before him. br strong No strong person may be compelled to disclose HIV status or any other personal information of another person in confidence or in a relationship of a fiduciary nature without the informed consent of another person or representative.

The purpose is to protect the child&#39 s property and inheritance rights by depositing documents with the Child Welfare Committee for safekeeping.<br /> The following individuals may approach the CWC: <ul> <li>Parents</li> <li>Guardians</li> <li>Any person acting in the interest</li> <li>A child affected by HIV and AIDS</li> </ul> The CWC can also be approached to make complaints relating to dispossession or trespass into such child&#39 s house.

All establishments - 100 or more persons Healthcare establishments - 20 or more must designate a Complaints Officer to handle employee grievances relating to violations made under the HIV and AIDS Act 2017 in the establishment.<br /> Every establishment must inform educate and train all persons on Universal Precautions and Post Exposure Prophylaxis (PEP).

Under the powers conferred by Section 49 of the HIV AIDS (P&C) Act 2017 in Uttar Pradesh the Governor makes rules regarding the appointment of Ombudsman terms of conditions strike and closure of the investigation.

<ul> <li>Ombudsman means any officer appointed or designated as the case may be by the State Government under section 23.</li> <li>The State Government shall appoint the Divisional Commissioner of the concerned Division as the ex officio Ombudsman for use under the said Act.</li> <li>The jurisdiction of Ombudsman co-terminus with the jurisdiction of Divisional Commissioner.</li> <li>Ombudsman shall be deemed to be a &quot public servant&quot under section 21 of IPC 1860.</li> <li>Any person within the jurisdiction of the Ombudsman may make a complaint in writing within 30 days to the family of the alleged encroachment whether personally by post through the Nodal Officer through electronic means or through the website of the Ombudsman.</li> <li>Where the person aggrieved is dead or is for any reason unable to act for him the complaint may be made by any person who is his legal representatives or by any person who is authorized with him in this behalf.</li> <li>The State Government shall within 60 days of the appointment of the ombudsman establish a website of the ombudsman.</li> <li>The complainant will have to file an affidavit in support of each family attested by a notary but where the complaint is being filed electronically through the Nodal Officer the complainant will have to file a pre-investigation affidavit.</li> <li>All proceedings before the ombudsman shall be deemed to be &quot judicial proceedings&quot under section 193 of the Indian Penal Code 1860.</li> <li>The Ombudsman may in the interest of justice seek the advice of experts relating to HIV AIDS or public health.</li> <li>Ombudsman will have powers to pass orders.</li> <li>The ombudsman shall make available copies of the written order to all the parties to the complaint within 10 days of deciding the complaint.</li> <li>Any person aggrieved by the order of the Ombudsman may prefer to appeal before the Hon&#39 ble High Court.</li> <li>Ombudsman can visit the site and meet the complainant.</li> <li>The Ombudsman shall direct and order compliance to maintain the identity data details and confidentiality of the person.</li> </ul>

<ol> <li>Ombudsman means any officer appointed or designated as the case may be by the State Government under section 23</li> <li>The State Government shall appoint the Divisional Commissioner of the concerned Division as the ex officio Ombudsman for use under the said Act.</li> <li>The jurisdiction of Ombudsman co-terminus with the jurisdiction of Divisional Commissioner.</li> <li>Ombudsman shall be deemed to be a &quot public servant&quot under section 21 of IPC 1860.</li> <li>Any person within the jurisdiction of the Ombudsman may make a complaint in writing within 30 days to the family of the alleged encroachment whether personally by post through the Nodal Officer through electronic means or through the website of the Ombudsman.&nbsp </li> <li>Where the person aggrieved is dead or is for any reason unable to act for him the complaint may be made by any person who is his legal representatives or by any person who is authorized with him in this behalf.&nbsp </li> <li>The State Government shall within 60 days of the appointment of the ombudsman establish a website of the ombudsman.</li> <li>The complainant will have to file an affidavit in support of each family attested by a notary but where the complaint is being filed electronically through the Nodal Officer the complainant will have to file a pre-investigation affidavit.</li> <li>All proceedings before the ombudsman shall be deemed to be &quot judicial proceedings&quot under section 193 of the Indian Penal Code 1860.</li> <li>The Ombudsman may in the interest of justice seek the advice of experts relating to HIV AIDS or public health</li> <li>Ombudsman will have powers to pass orders.</li> <li>The ombudsman shall make available copies of the written order to all the parties to the complaint within 10 days of deciding the complaint.</li> <li>Any person aggrieved by the order of Ombudsman may prefer appeal before the Hon&#39 ble High Court.</li> <li>Ombudsman can visit the site and meet the complainant.</li> <li>The Ombudsman shall direct and order compliance to maintain the identity data details and confidentiality of the person.</li> </ol>

<ol> <li>The State Government shall nominate the District Magistrate to nominate the Nodal Officer through the Chief Medical Officer and he shall be a Government Servant.</li> <li>The Nodal Officer shall transfer the complaint to the Ombudsman within 15 days of the receipt of the complaint.</li> <li>All complaints shall be made to the nodal officer in writing in accordance within the form out in the Appendix -1 of these rules.&nbsp </li> <li>The Nodal Officer will investigate the complaint and do on-site inspection if necessary after that the report will be sent to the Ombudsman.</li> <li>The Nodal Officer will complete the investigation within the Time limit.</li> </ol>

tyuu

HGDASHJGAHJGAS