Bill creates HIV ombudsman with specific complaint powers

It seeks to ensure effective care, support, and treatment for those living with HIV and to protect healthcare providers and others from risks associated with the virus.

Who it concerns: The Bill applies to the whole of India and affects HIV-positive individuals, their partners, relatives, and those living with them. It also imposes obligations on establishments (businesses, organizations, and institutions), healthcare providers, and the Central and State Governments.

What the bill does

• Prohibition of discrimination against HIV-positive persons and those associated with them.
• Requirement for informed consent for HIV testing and treatment, with specific exceptions.
• Mandate for confidentiality of HIV-related data and information.
• Obligation for establishments to provide a safe working environment and a grievance redressal mechanism.
• Appointment of an Ombudsman to handle complaints and enforce the Act.
• Provisions for anti-retroviral therapy and management of opportunistic infections by the government.
• Penalties for contravention of the Act, failure to comply with Ombudsman orders, and breach of confidentiality.
• Special provisions for the protection of property of children affected by HIV and for women and children infected with HIV.

Also in the document

• The Bill creates a new office of the Ombudsman with specific powers to assist in complaint procedures.
• It specifies that offences under the Act are to be cognizable and bailable.
• The Bill states it has an overriding effect over other laws.
• It references India's commitment to the United Nations Declaration of Commitment on HIV and AIDS (2001).