• As per studies conducted in 2015, India has 2.1 million people affected by HIV, making it the third largest country in terms of population affected by the disease. 
• To Safeguard the rights of people living with and affected by HIV, the Union Health Ministry has issued a notification to bring in force the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017.

Provisions of the Act :-

• Treatment:-
  1. The Act makes Anti-Retroviral Treatment (ART) a legal right for all HIV/AIDS patients. It has also adopted test and treat policy which means any person testing positive will be entitled for free treatment by the state and central government. Earlier, this was restricted by a CD4 count rate.
  2. Every person in the care and custody of the State shall have the right to HIV prevention, testing, treatment and counselling services.
• Confidentiality:-
  1. It also provides for confidentiality of HIV-related information and makes it necessary to get informed consent for undertaking HIV tests, medical treatment and research.
• Ombudsman:-
  1. The law makes it mandatory for state governments to appoint an Ombudsman to inquire into complaints related to the violation of the Act and the provision of health care services.
• Penalty:-
  1. If a person or an institution fails to comply with any order given by the Ombudsman within the stipulated period of time, they could be fined a maximum of Rs 10,000. A continuous failure could lead to an additional fine of up to Rs 5000 every day until the they comply.
• Imprisonment:-
  1. The Act penalises propagation of hatred against the protected person where a violator could be punished with a minimum jail term of three months to a maximum of two years and can be fined up to one lakh rupees.
• Property rights:-
  1. The new legislation has provisions to safeguard the property rights of HIV positive people. Every HIV infected person below the age of 18 years has the right to reside in a shared household and enjoy the facilities of the household.
• Discrimination:-
  1. Act seeks to prevent and control the spread of HIV and AIDS, and prohibits discrimination against affected persons. The Act lists various grounds on which discrimination against HIV positive persons and those living with the condition is prohibited.
  2. These include the denial, termination, discontinuation or unfair treatment with regard to: employment, educational establishments, health care services, residing or renting property, standing for public or private office, and provision of insurance (unless based on actuarial studies). The requirement for HIV testing as a prerequisite for obtaining employment or accessing health care or education is also prohibited.
• Guardianship:-
  1. Person between the age of 12 and 18 years who has sufficient maturity in understanding and managing the affairs of his/her HIV or AIDS-affected family shall be competent to act as guardian of another sibling below 18 years of age to be applicable in matters relating to admission to educational establishments, operating bank accounts, managing property, and care and treatment, among others.

Concerns:-

• Provisions only protect infected individuals from prejudiced behaviour and attitudes. Communities that are vulnerable to infection, individuals who are yet to be tested and kin of those infected are still subjected to stigma and biased perspectives. 
• Though the act has strong base for empowerment of people affected by HIV/Aids, but it does not guarantee access to anti-retroviral drugs.
• The government’s commitment to take all measures necessary to prevent the spread of HIV or AIDS is not reflected in the act in the form of the right to treatment. The law only enjoins the States to provide access, as far as possible.
• Similarly the act does not elucidate on the legal dissonance between its provisions of non-discrimination and other acts and case-law that discriminate against sex-workers, homosexuals and transgenders.

Way forward:-

• It would be appropriate for the Central government to initiate active public consultations to draw up the many guidelines to govern the operation of the law. 
• There is requirement for the ombudsman to make public the periodic reports on compliance will exert pressure on States to meet their obligations and it will enhance the confidence of HIV affected people.