# From criminalization to care: a comparative rights-based policy review of HIV responses in South Asia

## TL;DR

This paper reviews HIV responses in South Asia through a rights-based approach, highlighting the need to replace punitive laws with care-focused policies to improve health outcomes.

## Contribution

The study introduces a comparative rights-based policy framework to evaluate and guide HIV responses in South Asia.

## Key findings

- India and Nepal show better HIV outcomes where rights-based legal reforms have been implemented.
- Criminalization of sex work and drug use persists across all four countries, hindering progress.
- Structural barriers like stigma and limited service access are common across South Asia.

## Abstract

South Asia faces concentrated HIV epidemics rooted in legal and social marginalization of key populations. Laws criminalizing same-sex relations, sex work, and drug use, combined with gaps in anti-discrimination protections and funding constraints for civil society organizations, undermine progress toward the UNAIDS 95-95-95 targets. This review applies a rights-based approach (RBA) to compare national policies and outcomes across India, Nepal, Pakistan, and Sri Lanka, and offers actionable regional guidance.

A comparative analysis was performed using a five-dimension RBA framework: legal decriminalization, anti-discrimination protections, service access, community participation, and HIV outcomes. Data were synthesized from national legal documents, UNAIDS and Global Fund reports, published research, and community organization perspectives. Comparative findings are presented in a cross-country table, and an RBA policy-outcome pathway diagram is used to visualize core mechanisms.

India and Nepal have partially decriminalized same-sex conduct, while criminalization of sex work and drug use persists in all four countries. Pakistan’s progressive transgender rights legislation faces enforcement and political challenges; Sri Lanka retains colonial-era punitive statutes. Fragile enforcement, limited-service access, and structural health system stigma are common barriers. Where rights-based legal reforms have advanced, as in India and Nepal, higher diagnosis and treatment rates are seen. Four practical pillars—legal reform, health system transformation, funding equity, and regional collaboration—are proposed.

Sustainable HIV epidemic control in South Asia depends on repealing punitive laws, enforcing anti-discrimination protections, and supporting community leadership. Rights-based governance not only drives epidemic control but advances dignity and equity.