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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 16] NEW DELHI, FRIDAY, APRIL, 21, 2017/VAISAKHA 1, 1939 (SAKA)

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 21st April, 2017/Vaisakha 1, 1939 (Saka)
The following Act of Parliament received the assent of the President on the
20th April, 2017, and is hereby published for general information:—

THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED

IMMUNE DEFICIENCY SYNDROME (PREVENTION AND
CONTROL) ACT, 2017
NO. 16 OF 2017
[20th April, 2017.]

An Act to provide for the prevention and control of the spread of Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and
for the protection of human rights of persons affected by the said virus and
syndrome and for matters connected therewith or incidental thereto.
WHEREAS the spread of Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome is a matter of grave concern to all and there is an urgent need for the
prevention and control of said virus and syndrome;
AND WHEREAS there is a need to protect and secure the human rights of persons who
are HIV-positive, affected by Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome and vulnerable to the said virus and syndrome;
AND WHEREAS there is a necessity for effective care, support and treatment for Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(C) the gestation, giving birth or breast feeding of an infant when

the mother is an HIV-positive person;
(D) transfusion of blood, blood products, and transplantation of
organs or other tissues from an HIV-positive person to an uninfected
person, provided such blood, blood products, organs or other tissues
have not been tested conclusively for the antibody or antigen of HIV and
have not been rendered non-infective by heat or chemical treatment; and
(E) other circumstances during which a significant-risk body
substance, other than breast milk, of an HIV-positive person contacts or
may contact mucous membranes including eyes, nose or mouth, non-
intact skin including open wounds, skin with a dermatitis condition or
abraded areas or the vascular system of an uninfected person, and
including such circumstances not limited to needle-stick or puncture
wound injuries and direct saturation or permeation of these body surfaces
by the significant-risk body substances:
Provided that “significant-risk” shall not include—
(i) exposure to urine, faeces, sputum, nasal secretions, saliva,
sweat, tears or vomit that does not contain blood that is visible to
the naked eye;
(ii) human bites where there is no direct blood to blood, or no
blood to mucous membrane contact;
(iii) exposure of intact skin to blood or any other blood
substance; and
(iv) occupational centres where individuals use scientifically
accepted Universal Precautions, prohibitive techniques and
preventive practices in circumstances which would otherwise pose
a significant-risk and such techniques are not breached and remain
intact;
(w) “State AIDS Control Society” means the nodal agency of the State
Government responsible for implementing programmes in the field of HIV and AIDS;
(x) “State Government”, in relation to a Union territory, means the Administrator
of that Union territory appointed by the President under article 239 of the Constitution;
and
(y) “Universal Precautions” means control measures that prevent exposure to
or reduce, the risk of transmission of pathogenic agents (including HIV) and includes
education, training, personal protective equipment such as gloves, gowns and masks,
hand washing, and employing safe work practices.

CHAPTER II
PROHIBITION OF CERTAIN ACTS
3. No person shall discriminate against the protected person on any ground including Prohibition of
any of the following, namely:— discrimination.

(a) the denial of, or termination from, employment or occupation, unless, in the
case of termination, the person, who is otherwise qualified, is furnished with—
(i) a copy of the written assessment of a qualified and independent
healthcare provider competent to do so that such protected person poses a
significant risk of transmission of HIV to other person in the workplace, or is
unfit to perform the duties of the job; and
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) a copy of a written statement by the employer stating the nature and
extent of administrative or financial hardship for not providing him reasonable
accommodation;
(b) the unfair treatment in, or in relation to, employment or occupation;
(c) the denial or discontinuation of, or, unfair treatment in, healthcare services;
(d) the denial or discontinuation of, or unfair treatment in, educational,
establishments and services thereof;
(e) the denial or discontinuation of, or unfair treatment with regard to, access to,
or provision or enjoyment or use of any goods, accommodation, service, facility,
benefit, privilege or opportunity dedicated to the use of the general public or customarily
available to the public, whether or not for a fee, including shops, public restaurants,
hotels and places of public entertainment or the use of wells, tanks, bathing ghats,
roads, burial grounds or funeral ceremonies and places of public resort;
(f) the denial, or, discontinuation of, or unfair treatment with regard to, the right
of movement;
(g) the denial or discontinuation of, or, unfair treatment with regard to, the right
to reside, purchase, rent, or otherwise occupy, any property;
(h) the denial or discontinuation of, or, unfair treatment in, the opportunity to
stand for, or, hold public or private office;
(i) the denial of access to, removal from, or unfair treatment in, Government or
private establishment in whose care or custody a person may be;
(j) the denial of, or unfair treatment in, the provision of insurance unless supported
by actuarial studies;
(k) the isolation or segregation of a protected person;
(l) HIV testing as a pre-requisite for obtaining employment, or accessing
healthcare services or education or, for the continuation of the same or, for accessing
or using any other service or facility:
Provided that, in case of failure to furnish the written assessment under sub-
clause (i) of clause (a), it shall be presumed that there is no significant-risk and that the
person is fit to perform the duties of the job, as the case may be, and in case of the
failure to furnish the written statement under sub-clause (ii) of that clause, it shall be
presumed that there is no such undue administrative or financial hardship.
Prohibition 4. No person shall, by words, either spoken or written, publish, propagate, advocate or
of certain communicate by signs or by visible representation or otherwise the feelings of hatred against
acts. any protected persons or group of protected person in general or specifically or disseminate,
broadcast or display any information, advertisement or notice, which may reasonably be
construed to demonstrate an intention to propagate hatred or which is likely to expose
protected persons to hatred, discrimination or physical violence.
CHAPTER III
INFORMED CONSENT

Informed 5. (1) Subject to the provisions of this Act,—

consent for
undertaking (a) no HIV test shall be undertaken or performed upon any person; or
HIV test or
treatment.
(b) no protected person shall be subject to medical treatment, medical
interventions or research,
except with the informed consent of such person or his representative and in such manner,
as may be specified in the guidelines.