8. (1) Notwithstanding anything contained in any other law for the time being in
force,—
(i) no person shall be compelled to disclose his HIV status except by an order of
the court that the disclosure of such information is necessary in the interest of justice
for the determination of issues in the matter before it;
(ii) no person shall disclose or be compelled to disclose the HIV status or any
other private information of other person imparted in confidence or in a relationship of
a fiduciary nature, except with the informed consent of that other person or a
representative of such another person obtained in the manner as specified in
section 5, as the case may be, and the fact of such consent has been recorded in
writing by the person making such disclosure:
Provided that, in case of a relationship of a fiduciary nature, informed consent
shall be recorded in writing.
(2) The informed consent for disclosure of HIV-related information under clause (ii)
of sub-section (1) is not required where the disclosure is made—
(a) by a healthcare provider to another healthcare provider who is involved in
the care, treatment or counselling of such person, when such disclosure is necessary
to provide care or treatment to that person;
(b) by an order of a court that the disclosure of such information is necessary
in the interest of justice for the determination of issues and in the matter
before it;
(c) in suits or legal proceedings between persons, where the disclosure of such
information is necessary in filing suits or legal proceedings or for instructing their counsel;
Informed
consent not
required for
conducting
HIV tests in
certain cases.
Guidelines for
testing
centres, etc.
Disclosure of
HIV status.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(d) as required under the provisions of section 9;
(e) if it relates to statistical or other information of a person that could not
reasonably be expected to lead to the identification of that person; and
(f) to the officers of the Central Government or the State Government or State
AIDS Control Society of the concerned State Government, as the case may be, for the
purposes of monitoring, evaluation or supervision.
9. (1) No healthcare provider, except a physician or a counsellor, shall disclose the
HIV-positive status of a person to his or her partner.
(2) A healthcare provider, who is a physician or counsellor, may disclose the HIVpositive status of a person under his direct care to his or her partner, if such healthcare
provider—
(a) reasonably believes that the partner is at the significant risk of transmission
of HIV from such person; and
(b) such HIV-positive person has been counselled to inform such partner; and
(c) is satisfied that the HIV-positive person will not inform such partner; and
(d) has informed the HIV-positive person of the intention to disclose the HIVpositive status to such partner:
Provided that disclosure under this sub-section to the partner shall be made in person
after counselling:
Provided further that such healthcare provider shall have no obligation to identify or
locate the partner of an HIV-positive person:
Provided also that such healthcare provider shall not inform the partner of a woman
where there is a reasonable apprehension that such information may result in violence,
abandonment or actions which may have a severe negative effect on the physical or mental
health or safety of such woman, her children, her relatives or someone who is close to her.
(3) The healthcare provider under sub-section (1) shall not be liable for any criminal or
civil action for any disclosure or non-disclosure of confidential HIV-related information
made to a partner under this section.
10. Every person, who is HIV-positive and has been counselled in accordance with
the guidelines issued or is aware of the nature of HIV and its transmission, shall take all
reasonable precautions to prevent the transmission of HIV to other persons which may
include adopting strategies for the reduction of risk or informing in advance his HIV status
before any sexual contact with any person or with whom needles are shared with:
Provided that the provisions of this section shall not be applicable to prevent
transmission through a sexual contact in the case of a woman, where there is a reasonable
apprehension that such information may result in violence, abandonment or actions which
may have a severe negative effect on the physical or mental health or safety of such woman,
her children, her relatives or someone who is close to her.