A New-Fangled: Aids Transmission, A Criminal Offence?

Lavanya Ajaykumar Panicker, DY Patil Deemed to be University, School of Law, Navi Mumbai, India

ABSTRACT

AIDS is a judgment we have brought upon ourselves.

- Mary Whitehouse

Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome is one of India's most serious problems. In India, around three million individuals are infected with HIV/AIDS. The country's socioeconomic situation, combined with its traditional mindset and accompanying misconceptions, has left it more prone to the disease. One of the main causes of the disease's spread is a lack of literacy. The condition is associated with a severe societal stigma. HIV/AIDS patients face discrimination everywhere they go and are stigmatised in society. Even though there is no robust and comprehensive legislation on HIV/AIDS patients, there are certain basic laws for the protection and welfare of patients. But these are not enough in order to regulate laws as well as rights of the individual should go hand in hand. Except in cases of deliberate transmission or purposefully negligent disregard, HIV transmission should not be criminalised. The human right to health and mitigating elements exclude considering HIV transmission as a criminal violation under any other circumstances. Non-discrimination is also a core concept of human rights legislation, according to the Universal Declaration of Human Rights. It also applies to persons living with HIV/AIDS, who are subjected to a great deal of stigma and prejudice. An in-depth articulation of whether HIV/AIDS is actually a criminal offence.

Keyword: HIV/AIDS, Criminal Offence, Criminalization, Transmission, Health.