The Police State's Solution to the AIDS Problem

Headline: HIV-positive and wanton? You may face stiff penalty

Now turning to the AIDS problem among heterosexuals, the Senior Minister of State for Health Balaji Sadasivan has now called for a harsh response: Revising the law to deal stiff harsh penalties against those who are are HIV-positive and promiscuous. The special bit here is that this penalty applies "whether or not you are aware you have the disease".

This is quite a unique proposition, considering that HIV patients sometimes take several months or years to even realise that they are infected. It would also raise the issue of tracking down those who are newly infected, or tracing the possible spreaders of the disease. Indeed, it is clearly stated that the implementation "will place the onus on the individual who is sexually active to test himself regularly".

The minister asserts his belief that "unless the law is changed to reflect this, attitudes will not change". He added that only with this change of attitude, will the AIDS problem be solved.

There is no doubt, that in trying to arrest the increase of AIDS cases, attitudes do have to change. Not only the public, but including the administrative's role and beliefs. A change in law doesn't immediately curb the problem. Having AIDS and not having yourself tested is a serious problem, but by no means criminal. There is a term famously defined in the criminal law called the mens rea, defined as "the intention to commit a wrongful act, the element that establishes criminal responsibility". If someone is consciously unaware that he has AIDS, given that AIDS certainly doesn't target a certain cohort of individuals and is not selective in its nature, he doesn't carry the mens rea that bears the crucial element to follow a criminal sentence with.

But let's suppose legislation is expedited, and law enforcers now have the added responsibility to arrest those who are HIV-positive and promiscuous. An important issue then arises how do you start enforcing the law? The minister didn't mention it, though it should be obvious when he related the story of one case where "Mr I, who knew he was HIV-positive, went to a foreign country to bring back a bride". The minister displayed an understanding of empathy for wives who have married HIV-positive husbands, which is a reasonable concern but never went far enough to condemn the actual practices of heteorsexual men who engage in practices that promote the risk of AIDS. One should even be more stunned that the important factors that contribute to the problem should be tackled, but are nevertheless ignored because they are too afraid of eroding the "traditional family unit" structure.

Attitudes must change, I agree. The results of any policy should not be to further exacerbate social stigmatization, increase criminal liability or apply fear and distress onto its citizens. Active sharing and honest addressing of the social problem should lead to solutions that facilitate the public's understanding of a serious phenomeon and not perpetuate fallacious and illusionary mindsets or solutions.