Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
Act of the Indian Parliament / From Wikipedia, the free encyclopedia
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The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, often shortened to the HIV/AIDS Prevention Act, is an act of the Parliament of India that provides for controlling and preventing of HIV/AIDS and securing the rights of individuals diagnosed with HIV/AIDS. The bill for the act was introduced in the Rajya Sabha on 11 February 2014 and was referred to a Standing Committee on 24 February 2014, which submitted its report on 29 April 2015. After few amendments to the original 2014 bill, it was passed by the Rajya Sabh on 21 March 2017 and the Lok Sabha on 11 April 2017. It received Presidential assent on 20 April 2017, and became effective from 10 September 2018. The HIV/AIDS Prevention Act originated from a draft bill submitted by Lawyers Collective, a non-governmental organization, to the National AIDS Control Organisation (NACO) in 2006. The act penalises propagation of hate against HIV/AIDS affected persons, ensures the right of HIV/AIDS affected minors to shared household, protects non-disclosure of HIV/AIDS status in the absence of court order and mandates informed consent to disclose HIV/AIDS positive identity, inter alia. However, civil society organisations and HIV/AIDS affected persons criticised the act on certain legal language issues, as it mandates the state to provide HIV/AIDS affected persons with medical services "as far as possible". This aspect was absent from the draft bill submitted to NACO.
The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 | |
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Parliament of India | |
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Citation | Act No. 16 of 2017 |
Territorial extent | India |
Passed by | Rajya Sabha |
Passed | 21 March 2017 |
Passed by | Lok Sabha |
Passed | 11 April 2017 |
Assented to | 20 April 2017 |
Effective | 10 September 2018 |
Legislative history | |
First chamber: Rajya Sabha | |
Bill title | The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Bill, 2014 |
Bill citation | Bill No. III of 2014 |
Introduced | 11 February 2014 |
Committee report | Standing Committee on Ministry of Health and Family Welfare 85th Report (29 April 2015) |
Status: In force |
Post enactment, India reportedly came to become the first country in south Asia to statutorily prohibit discrimination against people diagnosed with HIV/AIDS. The act became effective post the Supreme Court judgment in Navtej Singh Johar and ors. v. Union of India decriminalising homosexuality in India. In 2018, the Joint United Nations Agency on AIDS reported that new HIV infections dropped from 1,20,000 in 2010 to 88,000 in 2017 in India, AIDS-related deaths from 1,60,000 to 69,000 and people living with HIV from 2,300,000 to 2,100,000 in the same time period. However, the decline rate was only 27 per-cent compared to NACO's target of 75 per-cent reduction by 2020 from 2010 levels. In 2017, NACO reported that there are 2.14 million HIV affected persons in India.