South and central Asia

India currently has no HIV-specific criminal laws, although Sections 269 (negligence) and 270 (malignance) of the Penal Code render the reckless or intentional transmission of a dangerous disease a crime  (relevant sections of the law can be found at the Global Criminalisation Scan). To date, no prosecutions or convictions have been reported. The most recent draft of an HIV/AIDS Bill includes a provision that would make it the legal duty of HIV-positive people to notify sexual partners of their HIV status; engage in safer sex practices; and to share only sterilised drug-injecting equipment. The penalty for the first offence would be 10,000 Rupees. If the behaviour were not corrected within one year, the penalty could be increased to between three months and one year in prison, plus a larger fine  (the draft law on HIV is available from the Lawyers Collective website at  www.lawyerscollective.org/hiv-aids/draft-law).

Kazakhstan included HIV exposure and transmission in its Criminal Code (Articles 115 and 116), enacted in 1994.¹ Whereas knowing transmission of any other STI is punishable by a fine or up to two years in prison, knowing HIV transmission is punishable by up to five years imprisonment. This increases to eight years if more than one person is infected and/or the infected individual is a minor. In addition, knowing HIV exposure is punishable by limitation of freedom for up to three years or up to one year in prison. HIV transmission as a result of medical negligence carries a penalty of up to five years’ imprisonment and suspension of the right to practise in the person’s profession for up to three years.

In 2007, 21 healthcare workers were found guilty of medical malpractice after at least 118 children and 14 mothers were infected with HIV via blood products and unsterilised hospital equipment. Sentences ranged between nine months’ and eight years’ imprisonment; four were suspended.²

Kyrgyzstan criminalises HIV exposure and transmission in its Criminal Code (Articles 117 and 118), enacted in 2005.¹ Whereas knowing transmission of any other STI is punishable with a fine, limitation of freedom for up to three years or imprisonment for up to three years, knowing HIV transmission is punishable by limitation of freedom for up to five years or imprisonment for up to five years. In addition, knowing HIV exposure is punishable by correctional labour, limitation of freedom or imprisonment, all for up to one year. A person is not liable for either offence if they disclosed that they were HIV-positive and the partner agreed to the risk behaviour prior to sex. HIV transmission as a result of medical negligence is punishable by limitation of freedom for up to five years or imprisonment for up to five years with a prohibition to hold certain positions for up to three years.

In 2008, nine healthcare workers were found guilty of medical malpractice after at least 24 children were infected with HIV via unsterilised hospital equipment. Sentences ranged between three and five years imprisonment; they were also ordered to pay compensation to the children's families.³

A 26-year-old HIV-positive man was sentenced to three years' imprisonment in January 2010 for having sex with a 15-year-old girl.⁴ It is unclear whether he did not disclose his HIV status and/or had unprotected sex. However, news reports suggest that sexually active, diagnosed, HIV-positive individuals are very rare in the Maldives, and appear to be treated with great suspicion and fear.⁵

Article 125 of Tajikistan's new Criminal Code, which came into effect in April 2010, criminalises HIV exposure and transmission. Whereas knowing transmission of any other STI (Article 126) is punishable by fine, correctional labour from one to two years, or for up to six months of imprisonment, knowing HIV transmission is punishable by five to eight years of imprisonment. This increases to eight to twelve years if more than one person is infected and/or the infected individual is a minor. HIV exposure is punishable by up to three years of restriction of liberty, or up to two years of imprisonment.

Article 119 of Turkmenistan's Criminal Code, enacted in 1998 and adopted in 2001, is a specific provision on “transmission of the AIDS disease”. It states that “knowing exposure to AIDS” is an offence punishable by up to three years in prison; in cases of actual transmission, the penalty is up to five years’ imprisonment. HIV transmission in relation to two or more persons or a minor carries a penalty of up to eight years’ imprisonment. HIV transmission as a result of medical negligence carries a penalty of up to five years’ imprisonment and suspension of the right to practise in the person’s profession for up to three years. Article 117 criminalises knowingly transmitting an STI, which is punishable by a fine or corrective works or imprisonment for up to two years. There are no reports of prosecutions.

Article 113 of the Criminal Code of Uzbekistan, enacted in 2001, criminalises both knowing HIV exposure and transmission, both of which are punishable by imprisonment from eight to ten years.¹ Knowing exposure to other STIs is punishable by a fine, correctional labour for up to one year, or up to three months' restriction of liberty. Knowing transmission of other STIs is punishable by three to six months of restriction of liberty or imprisonment for three to five years. There are no reports of prosecutions.