Section 9
Section 9 of HIV/AIDS Act 2017. No healthcare provider, except a physician or a counsellor, shall disclose the HIV-positive status of a person to his or her partner.
(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 HIV-positive 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 HIV-positive status to such partner: .... . also that such have personproviders partner shedosen and provideder sh - The par antion m such 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. Duty to prevent transmission of HIV.
Section 9, 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.
Referred to by 1
Questions about Section 9
How do I find court cases under Section 9 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 9, section 9 HIV Aids Act 2017, section 9 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 9 of the HIV/AIDS Act 2017, and has it changed?
1 other provision in this corpus refers back to it.
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.