SOCIETY FOR HEALTH ALLIED RESEARCH & EDUCATION INDIA (SHARE INDIA)

HIV and AIDS (Prevention and Control) Act, 2017

SHARE INDIA has been selected as a Sub-Recipient under National AIDS Control Organization (NACO), Ministry of Health and Family Welfare, Government of India for The Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM) to “Design and develop comprehensive advocacy, communication strategies and tools”. The project is designed to develop a new age communication and advocacy strategy to meet 95-95-95 fast track targets by 2025 and provide a way for elimination of HIV/AIDS as a public health threat by 2030.

Under the project, community-based behaviour change communication tools will be developed to achieve the targets set under National Strategic Plan (2017-24). National and State Communication Digital Repository with standardized contents will be maintained and utilized for equitable access. Tools for reach, recall and impact of communication activities will be developed and executed. Strategy will be development for addressing stigma and discrimination related to HIV and effective implementation of the HIV and AIDS (Prevention and Control) Act, 2017. It is proposed to use communication as a tool for improving gains across all program components with an overall aim to support NACO’s IEC and Mainstreaming Division in a 360-degree multimedia approach encompassing advocacy and communication strategies. The project has started in April, 2021 with a pan India focus and will be culminating in March, 2024.

Our Reach

  • General Population (as per 2011 Census Data): 1,043,727,772
  • Ombudsman: Dynamic
  • Complaints Officer: Dynamic

Core Objectives

  • Securing an effective implementation of the provisions of the HIV and AIDS (Prevention and Control) Act, 2017.
  • Examine HIV-related stigma and discrimination and adopt strategies and tools to tackle it.

Activities

1. HIV and AIDS (Prevention and Control) Act, 2017


Implementation of the HIV and AIDS (Prevention and Control) Act, 2017

The HIV and AIDS (Prevention and Control) Act, 2017 is an important instrument for bringing about social change in the status of PLHIV in India. Being a fairly new legislation, emphasis is placed on ensuring its proper implementation in order to have a wide-reaching impact in the lives of those infected with and affected by HIV and AIDS.

SHARE INDIA will provide assistance in every step of the implementation chain, the processes are as follows:

  • Raise awareness on HIV-related stigma and discrimination among PLHIV, key populations, general population, etc.
  • Support the Central and State Governments in formulating subordinate legislations under the authority of the HIV and AIDS (Prevention and Control) Act, 2017.
  • Regular follow-up with State Governments to monitor compliance of the legal requirements provided under the HIV and AIDS (Prevention and Control) Act, 2017.
  • Extending technical support to each individual State Government in implementation of the HIV and AIDS (Prevention and Control) Act, 2017.
  • Explore possible linkages and collaborations with relevant departments, ministries, NGOs, organizations, Network of People Living with HIV/AIDS.
  • Facilitate institutional arrangements of integrating reporting formats for Ombudsman and Complaints Officers on quarterly/half monthly basis.
  • Ensure extensive logistics support in organizing meetings, preparation, communication and finalization of agenda, resource persons, etc.
  • Impact assessment in terms of the number of Complaints Officer designated at establishment level, adoption of the HIV and AIDS Policy for Establishments and frequency of cases received by Ombudsman.

Capacity Building of Ombudsman and Complaints Officer under the HIV and AIDS (Prevention and Control) Act, 2017

To improve the efficacy of the grievance redressal mechanism set up under the HIV and AIDS (Prevention and Control) Act, 2017 by empowering the authorities of Ombudsman and Complaints officer functioning at State level and establishment level respectively.

To strengthen the roles of Ombudsman and Complaints Officer, as appointed or designated under the Act, through training and sensitization programmes, development of self-learning e-modules, resource development, adoption of reporting formats, budget management and other activities.

SHARE INDIA will be developing materials, tools, systems to support the State Governments in upgrading the skills and enhance the functioning of the grievance redressal systems provided under the Act.

Technical Support in Formulation and Dissemination of Subordinate Legislations

To formulate rules, guidelines, policies, notifications in reference to the provisions of the HIV and AIDS (Prevention and Control) Act, 2017. SHARE INDIA has been working closely on the HIV and AIDS Policy for Establishments, National Guidelines on Prevention and Management of Stigma and Discrimination associated with HIV and AIDS.

Upon the notification of the subordinate legislations under Act, the focus would be on ensuring its integration into sectoral policies and framework.

Undertaking Research and Pilot Studies relevant to Understand the Domestic Response to the HIV/AIDS Epidemic

SHARE INDIA will be conducting two pilot studies (i) to gauge the level of stigma and discrimination in varied settings against people infected with HIV and (ii) to understand the gendered socio-cultural dynamics affecting HIV prevention among vulnerable populations.

These studies will help identify effective interventions by assessing the prevalence of HIV- related stigma and discrimination and the socio-cultural norms, that act as a hindrance to accessing prevention and treatment services.

SHARE INDIA will provide support in development of the project proposal in consultation with the Central and State Governments, development partners and other stakeholders, technical development, data collection and project implementation and institutionalization.

Organizing National and Regional Level Consultations for Capacity Development

SHARE INDIA will be organizing a national level consultation for capacity building of already appointed Ombudsman under the HIV and AIDS (Prevention and Control) Act, 2017. The Ombudsman have to be inducted, trained and sensitized in order to carry out their duties effectively under the Act. Further, refresher trainings will be conducted to review and revisit important provisions, concepts and principles laid down under the HIV and AIDS (Prevention and Control) Act, 2017.

Regional level consultations will be facilitated for development of a pool of national level master trainers on the HIV and AIDS (Prevention and Control) Act, 2017. The objective is to identify and build capacity of quality master trainers, who will further serve to disseminate information and strengthen the training process.

SHARE INDIA extended support in organizing the National Level Multi-Stakeholder Consultation on finalization of HIV and AIDS Policy for Establishments, as mandated under the HIV and AIDS (Prevention and Control) Act, 2017.

SHARE INDIA will be associated with the formulation, designing, conceptualization, development of training programmes, providing technical support, regular monitoring and the impact assessment.


Supporting Documents

I. HIV and AIDS (Prevention & Control) Act, 2017

The HIV and AIDS (Prevention & Control) Act, 2017 is a central legislation, which came into effect from September 10, 2018. The Act comprises of 50 Sections, divided under 14 chapters. The provisions address stigma and discrimination, promote safe workplace in healthcare settings, establish a system of grievance redressal and strives to create an enabling environment for enhancing access to services.

Links:

English copy: HIV and AIDS Act-English.pdf
Hindi copy:  HIV and AIDS Act-Hindi.pdf


II. HIV and AIDS (Prevention & Control) Rules, 2018

The HIV and AIDS (Prevention & Control) Rules, 2018 have been notified on September 17, 2018. The Rules outline the responsibility of the Central Government in terms of drafting of the HIV and AIDS Policy for Establishments, role of stakeholders and dissemination of the Policy.

Link: Centre Rules.pdf


III. Office Memorandum: Procedures for the Establishments and the Complaint Officers as a part of grievance redressal mechanism under the HIV and AIDS (Prevention & Control) Act, 2017

The Office Memorandum was issued by National AIDS Control Organization (NACO) stating the procedures to be followed by Complaints Officer and establishments falling under the ambit of the HIV and AIDS (Prevention & Control) Act, 2017.

Link: Office Memorandum.pdf


IV. State wise list of Ombudsman

The office of the Ombudsman has been established by State Governments in India, operating at different jurisdictions. The list compiles the contact details, jurisdiction and address of the Ombudsman appointed to inquire into the violations of the provisions of the HIV and AIDS (Prevention and Control) Act, 2017.

Link: State wise list of Ombudsman.pdf