CRIMINALIZATION OF HIV/AIDS: AN ANALYSIS RELATING TO DIFFERENT COUNTRIES

Abstract

People suffering from HIV suffer from contemporary issues which lead to bias and it shows tied with inequality. They suffer various stigma and discrimination which does not let them disclose their status. In this complex health and social issues because of transmission of HIV there is a need to balance between criminal law and public health. It is a need to protect people and promote health such as prevention, treatment, care and support of the population. There has been various offences like men having sex with men, using of same syringe, having unprotected sex goes against public policy. It has been noticed a lack of laws even in developed countries for protection of health of its public. There are different countries having different laws as per their jurisdiction has set penal provisions for criminalization of transmission of virus. This paper analysis different countries laws relating to criminalization of HIV and non disclosure, explosion, transmission and its need to implement specific laws for the protection of public. This paper has limited it scope to examine laws of England, Wales, Canada, USA and India. Penalize the accused for the offence as per its jurisdiction. Many developed countries does not have strong specific laws, it showcase the need of it. Human rights are said to be the natural rights and it should be taken into account in order to achieve effective response to fight against the virus and how the framework has been set to do the same.