Compulsory HIV test for couples undermines human rights

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Compulsory HIV test for couples undermines human rights

SHAII urges the state of Andhra Pradesh to reject a proposed law making

pre-marital HIV testing mandatory to registration of marriage

Washington DC, December 20, 2006 — As the state of Andhra Pradesh in India

considers introducing mandatory HIV screening for couples before marriage, Stop

HIV/AIDS in India Initiative (SHAII) warns the government of its rebound

effects. While welcoming the politician’s leadership in getting tested for HIV

to inspire people to do the same, SHAII urges the Government of Andhra Pradesh

state not to adopt these mandatory provisions. Compulsory HIV testing for

couples threatens the freedoms allowed by the Indian Constitution and human

rights framework. For women, these rights are especially significant as they

remain vulnerable in society and face human rights violations on a daily basis

simply because of their sex.

The compulsory pre-marital testing may prevent people from registering their

marriage. Registration of marriage in India has been seen as one of the tools

that help women to assert spousal property and inheritance rights. “Property and

inheritance rights still elude majority of Indian women in India. This law would

further put them at a disadvantage,” said Dr. Vineeta Gupta, Director, SHAII.

India’s history has proved that forced measures result in failures. Forced

implementation of the family planning programs in 1970s was met with a major

setback that put the national programs behind by many decades.

It is not clear what the state intends to do with the information obtained from

the compulsory HIV testing before registration of the marriage. Mandatory

testing undermines the issues of confidentially and consent. Various other

issues that arise with the compulsory HIV testing include the measures and

resources made available for pre and post test counseling, follow-up support

systems and treatment. At a time where only 7 in 100 patients have access to

treatment and the Indian government is considering amending patent laws that

would limit the country’s ability to provide affordable generic drugs to

millions of people living with HIV/AIDS, we are at pains to know how the

government intends to address all these concerns.

“India must immediately implement specific polices that ensure information and

availability of prevention mechanisms to all, women are empowered to make free

and informed sexual and reproductive choices and the removal of stigma and

discrimination associated HIV/AIDS” added Dr. Gupta. Dr. Gupta served as

physician in public healthcare system in India for over a decade.

Vineeta Gupta MD, JD, LL.M

Director, Stop HIV/AIDS in India Initiative

Phone 202-789-0432 Ext 207

www.shaii.org

e-mail: guptahr@...