Under the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (Prevention and Control) Bill, 2017, which provision is not included among its protections?

Introduction / Context:

The Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (Prevention and Control) Bill, 2017 was passed to provide a strong legal framework protecting the rights of persons living with HIV and AIDS in India. It focuses on non discrimination, confidentiality, and access to services. This question checks whether you can identify which statement does not align with the protective and rights based spirit of the law. Recognising the core principles of the Bill helps you quickly eliminate provisions that contradict privacy and dignity.

Given Data / Assumptions:

• The law aims to prevent discrimination against persons living with HIV and AIDS.
• Key themes include confidentiality of HIV status, data protection, and prohibition of hateful behaviour.
• We must select the provision that is not included in or is contrary to the objectives of the Bill.
• Options include statements about data protection, forced disclosure, prohibition of hate, and anti discrimination in healthcare and insurance.

Concept / Approach:

The Bill emphasises confidentiality and informed consent regarding disclosure of HIV status. It mandates that establishments handling HIV related data must maintain privacy and data security. It also prohibits discrimination in employment, education, healthcare, and insurance, and penalises acts that promote hatred against persons living with HIV. Any provision suggesting that a person can be compelled to disclose HIV status without consent is contrary to these principles. Therefore, the option that supports forced disclosure without consent clearly does not belong to the protective framework of the law and is the correct choice for what is not included.

Step-by-Step Solution:

Verification / Alternative check:

You can cross check by remembering that the Bill explicitly protects confidentiality and restricts disclosure of HIV related information except under specific, limited circumstances such as court orders or in certain medical contexts. The general rule is that disclosure requires informed consent. If the law itself is meant to prevent discrimination and safeguard dignity, it would not contain a blanket clause allowing forced disclosure without consent. On the other hand, data protection, prohibition of hate speech, and non discrimination in access to services are explicitly supported by the legislation, confirming that the forced disclosure statement is not part of it.

Why Other Options Are Wrong:

The requirement that establishments adopt data protection measures when handling HIV related information is fully aligned with the law's confidentiality provisions. The prohibition on advocating hatred or negative feelings towards persons living with HIV directly supports the objective of preventing stigma and discrimination. The emphasis on non discriminatory access to healthcare and insurance services ensures that persons living with HIV are not denied essential support. The statement that all of the above provisions are included cannot be correct, because the forced disclosure option contradicts the Bill, so option D is wrong as well.

Common Pitfalls:

Some candidates may quickly choose All of the above due to a bias towards summary options, without carefully evaluating each statement. Others may not pay close attention to the phrase even without his or her consent and miss that this directly opposes the principle of confidentiality. A good practice is to identify the core values of any rights based law and check each option against those values. Anything that undermines privacy, consent, or non discrimination is unlikely to be a genuine feature of such legislation.

Final Answer:

The provision that is not included in the HIV and AIDS (Prevention and Control) Bill, 2017 is A person can be compelled to disclose his or her HIV status even without his or her consent.