Disease-Specific Legislation In Comparative Perspective: Examining HIV And Cancer Laws In India, Australia, And Japan
- IJLLR Journal
- 5 days ago
- 1 min read
Deepanjali, Research Scholar, Sharda School of Law, Sharda University
Dr. Mandeep Kumar, Professor, Sharda School of Law, Sharda University
ABSTRACT
The intersection of law and public health embodies how governments respond to disease burdens within their jurisdictions. Disease-specific legislation aims not only to manage clinical or epidemiological outcomes but also to protect human rights, reduce stigma, and ensure equitable access to care. This paper examines legal frameworks targeting Human Immunodeficiency Virus (HIV) and cancer in India, Australia, and Japan—three countries with diverse legal cultures, healthcare systems, and disease burdens. While India and Japan have enacted distinct laws addressing HIV and cancer control, Australia’s approach is embedded in broader public health legislation with strong human rights protections. A comparative analysis reveals shared goals, divergent strategies, and persistent challenges in balancing public health imperatives with civil liberties.
Disease-specific legislation reflects how states respond to particular public health crises through targeted statutory frameworks. This paper comparatively examines HIV and cancer laws in India, Australia, and Japan. HIV, as a communicable disease historically marked by stigma and discrimination, has generated rights-based statutory interventions, especially in India. Cancer, a non-communicable disease (NCD), has prompted structured public health planning, particularly in Japan through dedicated legislation. Australia adopts a decentralised, rights-oriented public health model rather than disease-specific criminal statutes. Through statutory analysis and judicial interpretation, this paper evaluates the balance between public health objectives, human rights protections, and policy effectiveness.
Keywords: Legal- HIV- Cancer- Disease- Examining- Legislation
