22. Notwithstanding anything contained in any other law for the time being in force
any strategy or mechanism or technique adopted or implemented for reducing the risk of HIV
transmission, or any act pursuant thereto, as carried out by persons, establishments or
organisations in the manner as may be specified in the guidelines issued by the Central
Government shall not be restricted or prohibited in any manner, and shall not amount to a
criminal offence or attract civil liability.
Explanation.—For the purpose of this section, strategies for reducing risk of HIV
transmission means promoting actions or practices that minimise a person’s risk of exposure
to HIV or mitigate the adverse impacts related to HIV or AIDS including—
(i) the provisions of information, education and counselling services relating to
prevention of HIV and safe practices;
(ii) the provisions and use of safer sex tools, including condoms;
(iii) drug substitution and drug maintenance; and
(iv) provision of comprehensive injection safety requirements.
Obligation of
establishments
to provide
safe working
environment.
General
responsibility
of
establishments.
Grievance
redressal
mechanism.
Strategies for
reduction of
risk.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
Illustrations
(a) A supplies condoms to B who is a sex worker or to C, who is a client of B.
Neither A nor B nor C can be held criminally or civilly liable for such actions or be
prohibited, impeded, restricted or prevented from implementing or using the strategy.
(b) M carries on an intervention project on HIV or AIDS and sexual health
information, education and counselling for men, who have sex with men, provides
safer sex information, material and condoms to N, who has sex with other men. Neither
M nor N can be held criminally or civilly liable for such actions or be prohibited,
impeded, restricted or prevented from implementing or using the intervention.
(c) X, who undertakes an intervention providing registered needle exchange
programme services to injecting drug users, supplies a clean needle to Y, an injecting
drug user who exchanges the same for a used needle. Neither X nor Y can be held
criminally or civilly liable for such actions or be prohibited, impeded, restricted or
prevented from implementing or using the intervention.
(d) D, who carries on an intervention programme providing Opioid Substitution
Treatment (OST), administers OST to E, an injecting drug user. Neither D nor E can be
held criminally or civilly liable for such actions or be prohibited, impeded, restricted or
prevented from implementing or using the intervention.