Section 9 in The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
9. Disclosure of HIV-positive status to partner of HIV-positive person.
(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.
