HIV Laws in Nepal

Introduction to HIV Laws in Nepal

Human Immunodeficiency Virus, also known as HIV, attacks and weakens the body’s immune system and leads to the disease AIDS. Acquired Immunodeficiency Syndrome or AIDS is the final stage of HIV Infection, which occurs when the immune system is highly damaged and can’t fight off infections.

HIV, in general, is an incurable disease generally transferred through Genetics and Sexual intercourse. HIV Laws in Nepal have been enacted to sanction the intention transferring of such sexually transmitted diseases in Nepal.

Prohibition of Transferring HIV

Section 105 of Chapter 5 of the National Penal Code has prohibited transmission of the Human Immuno-Deficiency Virus in Nepal. Sub-Section 1 of the Act has stated that it is illegal for anyone who has the knowledge of HIV or Hepatitis B in their Body or someone else’s body to intentionally transmit these diseases to another Person.

The Acts of transferring HIV AIDS in Nepal are the following:

• Donating Blood to such a Person
• Causing Someone Else to Donate their Blood
• Sexual Intercourse without Taking Precautions

Transferring Blood, Semen, Saliva, Sputum, or Human Organs into Another Individual’s Body

However, if an individual with HIV or Hepatitis B engages in sexual intercourse with someone who has solicited and consented to it, they will not be considered to have committed an offense of transferring HIV or other diseases.

If Individuals commit or cause to commit the transferring of HIV, then, they can be sentenced to an imprisonment not exceeding ten years and fined up to NPR 1,00,000.

However, if the disease has been transmitted without Knowledge through Negligence or Recklessness, the offender can be sentenced to imprisonment not exceeding three years in prison and a fine of up to NPR 30,000.

HIV and Abortion

Section 189 of the National Penal Code has provisioned for conditions when a health worker can conduct an abortion and it shouldn’t be considered to be an offense according to this act.

Section 189(d) of the Act further states that a woman with Human deficiency virus (HIV) or other such diseases can terminate her pregnancy with her consent.

Rape with HIV

Section 219 Sub-Section 6 has maintained that if a man commits rape with the knowledge that he has HIV or another incurable sexually transmitted disease, he shall face additional penalties in addition to the Standard Punishment.

The Additional Penalties are prescribed as if the individual transferred HIV with a sentence of imprisonment for a term not exceeding ten years and a fine not exceeding NPR 1,00,000.

If an individual commits rape with the knowledge of other Sexually Transmitted Diseases, they shall be sentenced to imprisonment for a term not exceeding three years and a fine not more than NPR 30,000.

HIV/AIDS Marriage

No one can enter into or arrange a marriage with a man or a woman if the person has HIV, Hepatitis B, or other incurable sexually transmitted diseases.

Such Marriage is considered to be voidable marriage. It shall be considered to have been a marriage through Misrepresentation.