29. Every protected person shall have the right to reside in the shared
household, the right not to be excluded from the shared household or any part of it and
the right to enjoy and use the facilities of such shared household in a non-discriminatory
manner.
Explanation.—For the purposes of this section, the expression “shared household”
means a household where a person lives or at any stage has lived in a domestic relationship
either singly or along with another person and includes such a household, whether owned or
tenanted, either jointly or singly, any such household in respect of which either person or
both, jointly or singly, have any right, title, interest or equity or a household which may
belong to a joint family of which either person is a member, irrespective of whether either
person has any right, title or interest in the shared household.
30. The Central Government shall specify guidelines for the provision of HIV-related
information, education and communication before marriage and ensure their wide
dissemination.
31. (1) Every person who is in the care or custody of the State shall have the right to
HIV prevention, counselling, testing and treatment services in accordance with the guidelines
issued in this regard.
(2) For the purposes of this section, persons in the care or custody of the State include
persons convicted of a crime and serving a sentence, persons awaiting trial, person detained
under preventive detention laws, persons under the care or custody of the State under the
Juvenile Justice (Care and Protection of Children) Act, 2000, the Immoral Traffic (Prevention)
Act, 1956 or any other law and persons in the care or custody of State run homes and
shelters.
32. Notwithstanding anything contained in any law for the time being in force, a
person below the age of eighteen but not below twelve years, who has sufficient maturity of
understanding and who is managing the affairs of his family affected by HIV and AIDS, shall
be competent to act as guardian of other sibling below the age of eighteen years for the
following purposes, namely:—
(a) admission to educational establishments;
(b) care and protection;
(c) treatment;
(d) operating bank accounts;
(e) managing property; and
(f) any other purpose that may be required to discharge his duties as a guardian.
Explanation.—For the purposes of this section, a family affected by HIV or AIDS
means where both parents and the legal guardian is incapacitated due to HIV-related illness
or AIDS or the legal guardian and parents are unable to discharge their duties in relation to
such children.
Report to
State
Government.
Right of
residence.
HIV-related
information,
education and
communication
before
marriage.
Persons in care
or custody of
State.
56 of 2000.
104 of 1956.
Recognition
of
guardianship
of older
sibling.
Authorities to
assist
Ombudsman.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
33. (1) Notwithstanding anything contained in any law for the time being in force, a
parent or legal guardian of a child affected by HIV and AIDS may appoint, by making a will,
an adult person who is a relative or friend, or a person below the age of eighteen years who
is the managing member of the family affected by HIV and AIDS, as referred to in section 33,
to act as legal guardian immediately upon incapacity or death of such parent or legal guardian,
as the case may be.
(2) Nothing in this section shall divest a parent or legal guardian of their rights, and the
guardianship referred to in sub-section (1) shall cease to operate upon by the parent or legal
guardian regaining their capacity.
(3) Any parent or legal guardian of children affected by HIV and AIDS may make a will
appointing a guardian for care and protection of such children and for the property that such
children would inherit or which is bequeathed through the will made by such parent or legal
guardian.