HIV positive and his partner rules

 

Section 9.   Disclosure of HIV-positive status to partner of HIV-positive person.Previous    Next (1) No healthcare provider, except a physician or a counsellor, shall disclose the HIV-positive status of a person to his or her partner. (2) A healthcare provider, who is a physician or counsellor, may disclose the HIV-positive status of a person under his direct care to his or her partner, if such healthcare provider— (a) reasonably believes that the partner is at the significant risk of transmission of HIV from such person; and (b) such HIV-positive person has been counselled to inform such partner; and (c) is satisfied that the HIV-positive person will not inform such partner; and (d) has informed the HIV-positive person of the intention to disclose the HIV positive status to such partner: Provided that disclosure under this sub-section to the partner shall be made in person after counselling: Provided further that such healthcare provider shall have no obligation to identify or locate the partner of an HIV-positive person: Provided also that such healthcare provider shall not inform the partner of a woman where there is a reasonable apprehension that such information may result in violence, abandonment or actions which may have a severe negative effect on the physical or mental health or safety of such woman, her children, her relatives or someone who is close to her. (3) The healthcare provider under sub-section (1) shall not be liable for any criminal or civil action for any disclosure or non-disclosure of confidential HIV-related information made to a partner under this section. (The HIV and AIDS (Prevention & Control) Act, 2017 is a central legislation protecting and promoting the rights of persons infected with and affected by HIV and AIDS.) Section 269 states that unlawfully or negligently undertaking an act likely to spread an infection dangerous to life is punishable by six months imprisonment and/or a fine. Section 270 increases the penalty to up to two years and/or a fine when the act is a 'malignant act'. (Indian penal code) Section 270 – Malignant act likely to spread infection of disease dangerous to life Whoever malignantly does any act which is, and which he knows or has reason the believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.