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HIV (Human Immunodeficiency Virus) remains a major public health concern globally and in Nepal. To address the rights and protection of people living with HIV (PLHIV), the legal system of Nepal has incorporated several provisions under the Muluki Penal Code, 2074 (2017). These provisions aim to prevent discrimination, promote awareness, and ensure access to treatment while also penalizing intentional transmission of the virus.
The Muluki Penal Code specifically criminalizes the intentional transmission of HIV under Section 121. According to the law, if a person who is aware of their HIV-positive status intentionally transmits or attempts to transmit the virus to another person, they are subject to criminal liability. The punishment includes imprisonment or a fine, or both, depending on the severity of the offense. This provision helps discourage reckless behavior while ensuring justice for the victims.
At the same time, Nepal's laws uphold the dignity and rights of individuals living with HIV. Discrimination in healthcare, employment, and social settings is legally discouraged. The HIV law under the Penal Code aligns with public health goals and human rights principles, promoting a balanced approach between prevention, accountability, and protection of individual rights in the context of HIV.
Provision Related to HIV in Muluki Penal Code, 2074
Prohibition of transmitting human immuno-deficiency virus (HIV positive): (Sec 105 of Muluki Penal Code)
The law prohibits any person who knows they are HIV positive or infected with Hepatitis B from intentionally transmitting the disease to others. Specifically, it forbids such individuals from donating blood, causing others to donate infected blood, or engaging in sexual intercourse without taking proper precautions. It also bans the transfer of infected blood, semen, saliva, sputum, or human organs into another person's body. The focus is on preventing deliberate or careless transmission of serious infectious diseases and protecting public health. Violating this provision is a punishable offense under Nepal's legal system, ensuring accountability and safety for all individuals.
Punishment
Imprisonment for a term not exceeding ten years and a fine not exceeding one Lakh rupees.
If HIV or Hepatitis B is transmitted due to negligence or recklessness, without intent, the offender can face up to three years of imprisonment and a fine of up to thirty thousand rupees. This provision addresses unintentional transmission while still holding the individual accountable for careless behavior.
Abortion can be made (Muluki Penal Code, 2074, sec 189)
The pregnancy of a woman with human immune- deficiency virus (HIV) or other incurable disease of a similar nature is terminated with her consent.
Rape ( Muluki Penal Code,2074 Sec 219)
Section 219, Sub-Section 6 of the Muluki Penal Code states that if a person commits rape while knowingly being infected with HIV or another incurable sexually transmitted disease, they will face extra punishment in addition to the standard penalty for rape.
In such cases, if HIV is knowingly transmitted, the offender may be sentenced to up to 10 years in prison and fined up to one lakh rupees.
If the offender is aware of having another sexually transmitted disease (other than HIV) and still commits rape, they may face up to 3 years of imprisonment and a fine not exceeding thirty thousand rupees.
In conclusion, Nepal’s HIV-related laws under the Muluki Penal Code, 2074, represent a significant step toward balancing public health, human rights, and justice. These provisions criminalize the intentional and negligent transmission of HIV, ensuring accountability and promoting responsible behavior. At the same time, they protect the rights of people living with HIV by discouraging discrimination in various sectors. Provisions also address sensitive issues like abortion rights for HIV-positive women and stricter penalties for HIV-related rape cases. Overall, Nepal’s legal framework aims to prevent the spread of HIV while safeguarding dignity, promoting awareness, and ensuring justice for affected individuals.
Frequently Asked Questions
Nepal's HIV law under Section 121 of the Muluki Penal Code criminalizes the intentional transmission of HIV by individuals who are aware of their HIV-positive status. The penalties include imprisonment or a fine, depending on the severity of the offense.
If HIV is transmitted due to negligence or recklessness, the offender may face up to three years of imprisonment and a fine of up to 30,000 rupees.
Yes, a person who knowingly transmits HIV to others can face legal action, including imprisonment for up to 10 years and a fine of up to 100,000 rupees, under Nepal’s HIV laws.
Yes, Nepal’s legal framework discourages discrimination against people living with HIV in healthcare, employment, and social settings. It protects the rights and dignity of HIV-positive individuals.
If a person commits rape while knowingly infected with HIV, they face up to 10 years in prison and a fine of up to 100,000 rupees. If the offender has another sexually transmitted disease, they may face up to 3 years of imprisonment.
Yes, Section 189 of the Muluki Penal Code allows women with HIV to legally terminate their pregnancy with consent. This provision ensures the right of HIV-positive women to make decisions about their health and well-being.
It is illegal for an HIV-positive person to donate blood in Nepal, as this can result in the transmission of the virus. Such actions are prohibited under the Muluki Penal Code to protect public health.
The law safeguards the rights of HIV-positive individuals by preventing discrimination and ensuring equal access to healthcare, employment, and other social services.
If someone intentionally infects another person with HIV, they can face criminal penalties under Nepal’s Muluki Penal Code, which includes imprisonment for up to 10 years and a fine of up to 100,000 rupees.
Nepal’s HIV laws strike a balance by criminalizing intentional transmission and negligent actions that may harm others, while also ensuring that people living with HIV are protected from discrimination and have access to treatment and care.
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