HIV Act
Source: Indian Express
GS II: Governance; Health
Overview
- News in Brief
- How it helps
Why in the News?
The court was considering a plea filed by the former officer against the National Consumer Disputes Redressal Commission (NCDRC) judgment, which denied him the compensation claimed.
News in Brief
- A retired Air Force veteran, who contracted HIV during a blood transfusion when he fell sick on duty during Operation Parakram, received a breather from the Supreme Court.
- The top court, while holding the Indian Air Force (IAF) and the Indian Army jointly and vicariously liable for medical negligence, directed the IAF to award him Rs 1,54,73,000 as compensation.
- A bench of Justices S Ravindra Bhat and Justice Dipankar Datta also laid down directives for the government, courts and quasi-judicial bodies under the framework of the HIV Act.
HIV Act
- The HIV and AIDS (Prevention & Control) Act, 2017 is a federal law designed to safeguard and advance the rights of individuals living with and impacted by HIV and AIDS.
- Its primary objectives include preventing and managing the spread of HIV and AIDS while reinforcing the legal and human rights of those affected by the condition.
- Additionally, it aims to protect the rights of healthcare providers.
- This legislation, it ensures the availability of diagnostic services related to antiretroviral therapy (ART) and the management of opportunistic infections for individuals living with HIV and AIDS.
- It also establishes a mechanism for addressing grievances through the appointment of an Ombudsman at the state level and a Complaints Officer at the institution level, facilitating prompt resolution of issues.
- Non-compliance with the Ombudsman’s directives may result in penalties of up to Rs 10,000. Furthermore, every person under state care and custody has the entitlement to access HIV prevention, testing, treatment, and counselling services.
- Importantly, no individual affected by HIV can undergo medical treatment, or medical procedures, or participate in research without giving informed consent.
- The breach or violation of this act is subject to punitive measures, including imprisonment for a maximum of two years, a fine of up to Rs 1 lakh, or both.
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