(3) No HIV positive woman, who is pregnant, shall be subjected to sterilisation or abortion without obtaining her informed consent.
CHAPTER VIII
SAFE WORKING ENVIRONMENT
Obligation of establishments to provide safe working environment. 19. Every establishment, engaged in the healthcare services and every such other establishment where there is a significant risk of occupational exposure to HIV, shall, for the purpose of ensuring safe working environment,—
- (i) provide, in accordance with the guidelines,—
- (a) Universal Precautions to all persons working in such establishment who may be occupationally exposed to HIV; and
- (b) training for the use of such Universal Precautions;
- (c) Post Exposure Prophylaxis to all persons working in such establishment who may be occupationally exposed to HIV or AIDS; and
- (ii) inform and educate all persons working in the establishment of the availability of Universal Precautions and Post Exposure Prophylaxis.
General responsibility of establishments. 20. (1) The provisions of this Chapter shall be applicable to all establishments consisting of one hundred or more persons, whether as an employee or officer or member or director or trustee or manager, as the case may be:
Provided that in the case of healthcare establishments, the provisions of this sub-section shall have the effect as if for the words “one hundred or more”, the words “twenty or more” had been substituted.
(2) Every person, who is in charge of an establishment, referred to in sub-section (1), for the conduct of the activities of such establishment, shall ensure compliance of the provisions of this Act.
Grievance redressal mechanism. 21. Every establishment referred to in sub-section (1) of section 20 shall designate such person, as it deems fit, as the Complaints Officer who shall dispose of complaints of violations of the provisions of this Act in the establishment, in such manner and within such time as may be prescribed.
CHAPTER IX
PROMOTION OF STRATEGIES FOR REDUCTION OF RISK
Strategies for reduction of risk. 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.
