The HIV and AIDS prevention and control Act 2017 implemented

The HIV and AIDS prevention and control Act 2017 implemented The Ministry of Health has announced the implementation of the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) Act through a gazette notification issued on Monday.

The legislation seeks to ensure equal rights to persons affected by HIV and AIDS in getting treatment, admission in educational institutions and jobs has come into force.

The HIV and AIDS prevention and control Act 2017 implemented

The HIV and AIDS prevention and control Act 2017 implemented

The HIV and AIDS prevention and control Act 2017 implemented, the government today announced the implementation of HIV, AIDS Prevention and Control Act, 2017, which criminalizes discrimination against victims of the deadly disease. 

The HIV/AIDS Prevention Act not only safeguards the rights of people affected by the virus but also instructs the Centre and states on how to spread awareness.

The Act, passed by the Parliament on April 11, 2017, provides for the prevention and control of the disease and protection of human rights of those affected by it. The Act also prohibits any kind of discrimination against such people on the ground of treatment, employment and workplace.

The Act, which received Presidential assent on April 20 last year, prohibits discrimination against such persons in:

# Accessing healthcare

# Getting jobs

# Renting accommodation

# Admission in educational institutions, whether private or public.

As of now, India has the third largest number of people living with HIV with the number estimated at 21.17 lakhs.

What are the measures taken by the Act?

The HIV and AIDS prevention and control Act 2017 implemented, as per the Act, Union, and state governments shall take measures to:

# Prevent the spread of HIV or AIDS

# Provide anti-retroviral therapy and infection management for persons with HIV or AIDS

# Facilitate their access to welfare schemes especially for women and children, among others

# The government will also issue necessary guidelines with respect to protocols for HIV and AIDS-related diagnostic facilities.

# Anti-retroviral therapy and opportunistic infection management will also be applicable to all persons.

# The Act has also adopted ‘test and treat’ policy which means that if a person is tested HIV positive during testing, he will be entitled to free treatment by the state and central government.

# Every HIV infected or affected person below the age of 18 has the right to live in a shared household and enjoy its facilities.

# It also prohibits an individual from publishing information or advocating feelings of hatred against them and those living with them.

# The Act also provides for guardianship for minors. A person between the age of 12 and 18 years with the maturity to handle the affairs of his HIV or AIDS-affected family would be considered competent enough to be the guardian of a younger sibling.

# This provision will be applicable in the matters relating to admission to educational establishments, operating bank accounts and managing a property.

What are the rules for the Violation of the act?

The HIV and AIDS prevention and control Act 2017 implemented

# Violation of the act – by publishing information about people living with HIV (PLHIV) or advocating hatred against them would attract imprisonment ranging from three months to two years or a maximum fine of Rs one lakh or both.

# It also makes it mandatory for the state government to appoint an Ombudsman to inquire into complaints related to the violation of the Act.

Conclusion

The implementation of this Act is a welcome gesture in keeping HIV/AIDS-affected persons from facing unnecessary bias, as well as to improve the general population’s understanding of the same.

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