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[Cites 0, Cited by 0] [Section 9] [Entire Act]

Union of India - Subsection

Section 9(2) in The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

(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.