Section 8
Section 8 of HIV/AIDS Act 2017. 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
(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. [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.
Section 8, HIV/AIDS Act 2017 (Act 16 of 2017).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 8
How do I find court cases under Section 8 of the HIV/AIDS Act 2017?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: HIV Aids Act 2017 8, section 8 HIV Aids Act 2017, section 8 of the HIV/AIDS Act 2017. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 8 of the HIV/AIDS Act 2017, and has it changed?
Its own text turns on section 5, section 9, so none of them can safely be read on its own.
When was the HIV/AIDS Act 2017 enacted?
HIV/AIDS Act 2017 was enacted in 2017 as Act 16 of 2017. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/1a5c1183-d0ec-46d9-a0ea-794137ae8437.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3dc620d9-2062-4482-b2e2-d189bc8df2ff/content). This page is not a substitute for legal advice.