The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

The mindset of a society towards a grave disease or to a patient who is prone to such disease is absolutely discriminatory and formidable. Even in a progressive society the attitude hasn’t changed and still possessing a state of ostracization towards them instead of finding curative measures to bring them to the mainstream. One of the most dangerous diseases human beings are being affected is AIDS. This incurable disease is a real threat to people who are infected. In order to prevent and protect AIDS affected people the Government of India had made a land mark enactment of The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (prevent and control Act 2017. The HIV/ AIDS act came into force on 20th April 2017 through extra ordinary Gazette notification by the Central Government for Health Ministry of India. The act clearly defines its purpose to protect the human rights of a HIV/ AIDS patient or any other matter related to them with regard to the disease in detailed 50 sections in 14 chapters giving importance to every aspect to prevent any ill treatment or discrimination towards them.

In chapter one the universal precautions or precautionary measures including reducing or preventing the transmission of pathogenic agents and personal protective equipment of gloves, masks and safe work practices.

Chapter 2 enumerates different conditions of discriminatory act committed to a HIV/AIDS Patients being prevented by virtue the act including denial of right to employment in private or public sector, movement, reside, purchasing property, insurance or any other matter restricts the freedom of an HIV/ AIDS affected that would isolate or segregates them from the rest of the society without any prejudices.

The State and Central Governments responsibilities for the affected people are clearly stated in Chapter 7 of the act through the welfare measures taken by the Government for them. Section 17 deals with the maintenance of entire data of the protected and affected patient and Section 18 deals with the entire guidelines provided for the care of the affected person. Safe universal precautions taken for the patient at the place of employment is stated in chapter 8.
Chapter 10 deals with the powers of Ombudsman where the complaints of any aggrieved protected patient is heard if that person confronted any act from others that is violative to his human rights that are inconsistent to the provisions of the act.

Chapter 13 states the penalty powers imposed on any one who violates the Ombudsman’s order it considered on a complaint with prescribed fine subject to the provisions of the Act.

Chapter 14 states the State Government’s power to make rules and regulations and Central Government’s power to remove any inconsistent provisions of the act.

The Act became phenomenal when India was emerged as the first country in South Asia that provided protection of law against discrimination to the HIV/ AIDS affected people in the country that proved the humanitarian value has the prime importance to anyone who is affected by HIV/AIDS.

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