First AIDS test, then marriage: petition

[Guest guest]

First AIDS test, then marriage: petition

THIRUVANANTHAPURAM: If this Kerala based organization

has its way, all prospective brides and grooms in

India will have to get take an AIDS test before they

tie the matrimonial knot.

Human Development Resource and Research Centre in

Kollam, 72 km from Thiruvananthapuram, has filed a

case in the Kerala High Court at Ernakulam, 224 km

from here, seeking to direct the state and the central

governments to make the ELISA test for AIDS mandatory

for all prospective brides and grooms in India.

Kerala, which has been in the forefront of filing,

several public interest litigations, saw another one

when the center argued that they have been forced to

approach the court to save the next generation from

this dreaded disease.

The Vacation Bench comprising Justice Kurian ph

and Justice A. Lakshmikutty accepted the petition

filed by the center.

" The only way (out) from this catastrophe is a

screening for the prospective bride and grooms, " the

petitioners said, pointing out that the

Epidemiological Fact Sheet-India-2000 update,

published by the WHO (World Health Organization) said

that at the end of 1999, there were 3.7 million AIDS

patients in India.

Out of this 160,000 were children up to age 15 and 1.3

million were women. Some 310,000 Indian AIDS patients

had died in 1999. They also argued that the Supreme

Court had considered whether an infected person has

right to privacy to the extent of suppressing the fact

of being infection from his partner. They said the

court had held that the AIDS infected partner doesn't

have an absolute right to marry but on the other hand,

it is his duty to inform his prospective partner about

the infection.

" It is the right of the unaffected partner under

Article 21 of the Constitution to be informed about

the infection of prospective partners, " the

petitioners said. A bunch of college students, both

male and female, told IANS that they welcomed this and

hoped it would become a law.

" The prospective bride has every right to know about

her partner and vice-versa. Today it is a complex

world and marriages do not have the life as it was the

case in the yesteryears. So every detail has to be

known before the marriage is solemnized, " the students

said. (IANS)

_______________

Times of India April 22.

http://www.timesofindia.com/220401/22mthr1.htm

[Guest guest]

Dear Members,

This move, though well intended is fraught with tremendous problems.

Please refer to my interview in Times of India some time during last month

where I share the concerns yet feel that mandatory screening without making

people aware why the what is being done is going to cause more problems than

solve.

There are issues of testing facilities, counselling, confidentiality,

corruption and follow up.The best way now and may be for ever would be

to work towards a situation where people discuss sexuality before

marriage and then mutually volunteer to get the test done.

There is and should be a limit to which state should be allowed to

deal with personal matters and here is a case where the limits should

certainly not be crossed.

Sincerely,

Dr. Vinay Kulkarni

PRAYAS

E-mail: prayashealth@...