HIV /AIDS PREVENTION AND CONTOL ACT 2017

BY

NARAYANA M

INTERSHIP TRANIEE

TO

THE DIRECTOR

CHILDLINE NODAL AGENCY

BISHOP HEBER COLLEGE

TRICHY
 The number of kids who get infected with HIV each year is going down. At the end of 2015,
2.6 million children throughout the world ages 15 and younger were living with the virus, but
only about one-third of them were getting treatment.

Most cases of childhood HIV and AIDS are in sub-Saharan Africa, the southern part. It's the
leading cause of death among preteens and teens there. HIV, the virus that causes AIDS,
damages your immune system, so you can't fight infections and some cancers well.
But with the right combination of drugs and loving support, kids with HIV can grow up to
live long, fulfilling lives.

Causes
Most children who have HIV got it from their mother when she was pregnant, during the
birth process, or from breastfeeding. Women who are tested, and then stick with treatment if
they're positive, greatly lower the chance of passing the virus to their babies. This is the best
way to prevent HIV in children.
Kids in communities affected by AIDS who have lost parents and family members are also
more vulnerable to HIV infection. They may lack caregivers, access to school, or the ability
to stand up for their rights.
Children can be infected through sexual abuse or rape. In some countries, child marriages are
culturally accepted, and a young girl could get HIV from her older husband, and then pass it
to her babies, too. The younger a child is when they first have sex, the higher their chances of
getting HIV are.
In central and Eastern Europe, injected drug use spreads HIV among young people living on
the streets. In one study in Ukraine, high-risk behaviours, including sharing needles, were
common among kids as young as 10.
Transfusions of HIV-positive blood or injections with unsterilized needles could infect
children in poorer countries. The U.S. and Western European countries have medical
safeguards to prevent this problem.

Symptoms
Not all children with HIV will have symptoms, and those that do won't have exactly the same
ones. Symptoms can vary by age.

 Failure to thrive, which means not gaining weight or growing like doctors expect
 Not having the skills or doing the things doctors expect a child that age would (not
reaching developmental milestones)
 Brain or nervous system problems such as seizures, trouble walking, or doing poorly
in school
 Being sick often with childhood illnesses such as an ear infection, a cold, an upset
stomach, or diarrhoea

As with adults, when an HIV infection advances, kids start to develop infections that rarely
affect healthy people but can be deadly for someone whose immune system isn't working
well. These "opportunistic infections" include:
  Pneumocystis pneumonia, a fungal infection of the lungs
 Cytomegalovirus (CMV)
 A kind of lung scarring called lymphocytic interstitial pneumonitis (LIP)
 Oral thrush or severe diaper rash from a yeast infection

Treatments
Children get pretty much the same treatment as adults: a combination of medications called
ART (antiretroviral therapy). But it isn't that simple, because some HIV drugs don't come in a
liquid form that babies and small children can swallow. And some drugs cause serious side
effects for kids
Without ART, one-third of HIV-positive infants worldwide won't make it to their first
birthday, and half will die before they're 2. Older kids who don't have symptoms can take
ART to help keep them healthy.
With ART, complications from HIV or opportunistic infections -- like loss of appetite,
diarrhoea, and coughs and colds -- can be treated like typical childhood illnesses.

Growing Up With HIV

Adults should talk to children about the disease in a way that fits their age to help make it less
scary. Kids need to know that it's not their fault they're sick and have to take medicine every
day, and that they won't be left alone. Social, financial, and emotional support for the whole
family is important, especially in communities without a lot of resources.
Kids with HIV and AIDS can safely go to school. But they may face bullying and
discrimination unless the other students and teachers understand how HIV spreads.
Awareness and education programs help break down the stigma around HIV so that children
can have friends and feel normal growing up.

HIV/AIDS Prevention and Control Act 2017

The Union Ministry of Health and Family Welfare on September 11, 2018 issued a
notification for bringing the Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome (Prevention and Control) Act, 2017 in force with effect from
September10,2018.

The Bill was introduced by senior Congress leader Ghulam Nabi Azad in 2014, was passed
by the Rajya Sabha on March 22, 2017, and on April 12, 2017, it was passed by the Lok
Sabha. It received the assent of the President on April 20, 2017.

The HIV/AIDS Act, 2017 safeguards the rights of people living with HIV and affected by
HIV.

Provisions of HIV/AIDS Act, 2017

The provisions of the Act address HIV-related discrimination, strengthen the
existing programme by bringing in legal accountability, and establish formal
mechanisms for inquiring into complaints and redressing grievances.

• The Act seeks to prevent and control the spread of HIV and AIDS, prohibits
 discrimination against persons with HIV and AIDS.

• Informed consent and disclosure of HIV status: The Bill requires that no
HIV test, medical treatment, or research will be conducted on a person without his
informed consent.

• Every HIV infected or affected person below the age of 18 years has the right
to reside in a shared household and enjoy the facilities of the household.

• The Act also prohibits any individual from publishing information or

advocating feelingsof hatred against HIV positive persons and those living with
them.

• Guardianship: A person between the age of 12 to 18 years who has sufficient

maturity in understanding and managing the affairs of his HIV or AIDS affected
family is competent to act as a guardian of another sibling below 18 years of age
in the matters relating to admission to educational establishments, operating bank
accounts, managing property, care and treatment.

• Role of the Ombudsman: An ombudsman shall be appointed by each state

government to inquire into complaints related to the violation of the Act and the
provision of health care services.

• It penalises "propagation of hatred" against HIV affected person where a

violator could be punished with a minimum jail term of three months to a
maximum of two years and can be fined up to Rs 1 lakh.

• It makes Anti-Retroviral Treatment (ART) a legal right for all HIV/AIDS

patients.

• It adopted "test and treat" policy which means any person testing positive will
be entitled for free treatment by the state and central government. Earlier, this was
restricted by a CD4 count rate.

• Every person in the care and custody of the state shall have right to HIV
prevention, testing, treatment and counselling services.

The 2017 Act lists various grounds on which discrimination against HIV positive persons and
those living with them is prohibited. These include the denial, termination, discontinuation of
unfair treatment with regard to:
(i) Employment
(ii) Educational establishments
(iii) Health care services
(iv) Residing or renting property
(v) Standing for public or private office
(vi) Provision of insurance (unless based on actuarial studies)
The requirement for HIV testing as a pre-requisite for obtaining employment or accessing
health care or education is also prohibited.

Cases relating to HIV positive persons shall be disposed off by the court on a priority basis.
In any legal proceeding, if an HIV infected or affected person is a party, the court may pass
orders that the proceedings can be conducted
(a) by suppressing the identity of the person,
(b) in camera,
(c) to restrain any person from publishing information that discloses the identity of the
applicant.

Role of the union and state governments as per the act

The Union and State Governments shall take measures to prevent the spread of HIV or AIDS,
provide anti-retroviral therapy and infection management for persons with HIV or AIDS,
facilitate their access to welfare schemes especially for women and children, and others.