India
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Unclear restrictions - it is not clear to what extent restrictions apply.
Restrictions on entry to India
We found no evidence of any official restrictions on entry to India based on HIV status.
According to UNAIDS and the US Department of State, India does not have any HIV-related restrictions on entry.
The India Online Portal for e-visas contains a list of supporting documents that should be included with a visa application and none of those documents makes reference to HIV or the general health of the applicant.
Restrictions on short-term stay in India
We found no evidence of any official restrictions on short-term stay in India based on HIV status.
According to UNAIDS and the US Department of State, India does not have any HIV-related restrictions on short-term stay.
The website of the High Commision of India in London contains a list of supporting documents that should be included with a student visa application and none of those documents makes reference to HIV or the general health of the applicant.
Restrictions on long-term stay in India
Sources are mixed on whether India imposes restrictions on long-term stay of people living with HIV.
According to the US Department of State, disclosure of HIV status is required of anyone seeking a resident permit in India. Non-national residents found to be living with HIV will be deported.
We were not able to find evidence among the general information on visas and permits available on the website of the Indian Ministry of Home Affairs that there is a requirement to disclose or test for HIV in the application process.
Historic regulations in India
In 2010, the Indian Ministry of External Affairs lifted all travel curbs against HIV-positive people.
The former regulations on student visas were repealed on September 29, 2002, by the Health and Family Welfare Minister Shatrughan Sinha, who said “foreigners, including students, do not have to undergo mandatory HIV testing in India.”
The Health and Family Welfare Minister Shatrughan Sinha is quoted as having said: “Experts were of the opinion that mandatory HIV testing of foreigners/foreign students is contrary to recommendations of the World Health Organisation (WHO).”” The Times of India, November 27, 2010
Treatment access in India
We did not find any available information on access to healthcare for people living with HIV in India. However, a full list of treatment centres is available here.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
People living with HIV may be criminalised in India. While there are no HIV-specific laws in force, we are aware of reported prosecutions of alleged HIV ‘exposure’, non-disclosure, and/or transmission under general criminal laws.
Visit the India page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
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