Why criminalising HIV bill is bad? MPs should look at law with reason, not being in Parliament to make laws

 

There are likely grave consequences that may arise if the MPs pass the HIV/Aids Bill with a clause that seeks to criminalise intentional transmission of HIV. Our reporters led by Walakira Nyanzi in this news piece analyse these grave consquences for you. The tempers of some public health officials, researchers, civil society activists, Uganda Aids Commision staff and some Members of Parliament are equally worried that if parliament passes the HIV/AIDS bill into law with a contentious Clause 41 in the Bill, the fight against the spread of HIV/AIDS might be difficult.

The MPs are arguing that without the criminalisation of transmission of HIV, the bill if passed into law will be useless. Recently Dr Peter Mugyenyi, a senior Researcher at Joint Clinical Research Centre told our reporters that the clause on criminalisation will prevent people from testing for HIV/AIDS.

The clause stipulates that: “a person who knowingly transmits HIV to another person shall be prosecutable.” The clause means that if one doesn’t know his or her HIV status, that person can’t be prosecuted. Uganda already has few people who know their HIV status. Analysts reason that the clause will work further to stop Ugandans who would have voluntarily wanted to know their HIV status.

The clause in HIV bill will further increase the worrying statistics of HIV drug resistant strain in Uganda at 12% in the most vulnerable groups of Ugandans like sex workers, fishers…

It is feared that with the law that discourages people from knowing their HIV status in place, many people will remain underground. The moment this happens it means they will be highly infectious because they are not being treated.

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