HIV & AIDS POLICY FOR ESTABLISHMENTS, 2022

EMPLOYMENT LAW UPDATE

19th July 2022

Issue No. 08/22-23

 

HIV & AIDS POLICY FOR ESTABLISHMENTS, 2022

The Ministry of Health and Family Welfare published the Model Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome Policy for Establishments, 2022 (“the said Policy”) on 13th May, 2022. This Policy has been issued under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 and related rules (“Act”), and provides guiding principles that establishments must adopt and implement.

Key highlights of the Policy are: 

  1. Applicability: The said Policy is applicable to all the establishments. An establishment is defined as:

“A body corporate or co-operative society or any organization or institution or two or more persons jointly carrying out a systematic activity for a period of twelve months or more at one or more places for consideration or otherwise, for the production, supply or distribution of goods or services.”

  1. Guiding principles: Establishments must accept and implement the following guiding principles using the procedures and mechanisms as specified in the said Policy.
  • Non-Discrimination against persons infected and affected by HIV and AIDS;
  • Confidentiality related to HIV status and HIV related information;
  • Grievance redressal mechanism in the form of Complaints Officer at establishments and Ombudsman at State level.
  1. Non-Discrimination against persons infected and affected by HIV and AIDS: Chapter IV of the said Policy prohibits discrimination at establishments on the basis of perceived or real HIV status, not only against HIV positive person, but also against immediate family members and progeny who reside or have resided in the same house of HIV infected person. It further lays down rules/tenets to be complied at an establishment, in order to prevent discrimination of any form against the person infected or affected.
  1. Confidentiality related to HIV status and HIV-related data: Chapter V of the said Policy governs the provisions related to confidentiality of information related to HIV. HIV related information has been briefly defined under section 1 of this Chapter and it includes the HIV status of a person, HIV test or result of an HIV test, information relating to the care, support or treatment of that person, information which may identify that person, or any other information concerning that person. HIV related information has been stated as sensitive in nature and all establishments are directed to adopt data protection measures to ensure prevention or disclosure and breach of confidentiality of such data. Data protection measures include protecting information from disclosure, procedures for accessing information, provision for security systems to protect the information stored in any form and mechanisms to ensure accountability and liability of persons in the establishment.
  1. Grievance Redressal Mechanism: Chapter VI of the Model Policy imposes an obligatory requirement on an establishment, having one hundred or more persons, to designate a person, as a Complaint Officer, who shall dispose of complaints of violations of the provisions of the Act. The Model Policy does not state any fixed hierarchy to file a complaint however it requires every State Government to appoint a state-level Ombudsman who will take care of all complaints made under the Act. The duty, power and responsibility of a Complaint Officer are specifically mentioned in Chapter VI of the Model Policy.
  1. The Model Policy as one of the key strategies to assure effective implementation requires for awareness generation, training and orientation programmes for all employees and Complaints Officer(s) on basics of information related to HIV, routes of transmission, general myths and misconceptions etc.

The Model Policy can be accessed here.