- 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
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
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.
2. 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.
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 in 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, in relation to acts of discrimination mentioned under Section 3 and providing of healthcare services.
Link: State wise list of Ombudsman.pdf
V. State wise list of Complaints Officer
The Complaints Officer are designated at the establishment level to dispose of complaints of the provisions of the HIV and AIDS (P&C) Act, 2017. The list compiles the contact details of the Complaints Officer placed at the establishment.
Link: Statewise List of Complaints Officer.pdf
VI. HIV and AIDS Policy for Establishments, 2022
As provided under section 12 of the HIV and AIDS (P&C) Act, 2017 and the manner prescribed under the HIV and AIDS (P&C) Rules, 2018, the HIV and AIDS Policy for Establishments, 2022 has been notified on 13th May, 2022.
The aim of the Policy is to to ensure that all establishments adopt the principles of non-discrimination against people infected with and affecte by HIV and AIDS, observe confidentiality related related to HIV status and HIV-related data and to establish grievance redressal mechanism by designating Complaints Officer.
Link: HIV and AIDS Policy for Establishments-2022.pdf