Singla M; International Conference on AIDS.
Int Conf AIDS. 2002 Jul 7-12; 14: abstract no. WePeF6884.
Christian Medical college, Ludhiana, India
Issues addressed 1 Right to marriage of the PLWAs 2 Doctor's duty to warn in cases of AIDS DESCRIPTION: A decision by the Honorable Supreme Court of India BANNING the RIGHT to marriage of the People living with AIDS, Thus becoming the first ever country in the world to take away the Basic Right to marriage away from the people living with AIDS . 1 In 1998 the Supreme Court of India delivered a judgement that the law imposes a duty on a person living with HIV-AIDS effect of spreading the infection of his own disease, which is obviously dangerous to life, to the woman he marries'. It has been arrived at without fully comprehending the issues and without adhering to elementary principles of natural justice. 2 Disclosure of Identity-usually a professional secret,but an exception is there which still holds for the above things which is called privileged communication in Indian Laws. This privileged communication is defined as communication made by a doctor to a proper authority that has corresponding legal, social, and moral duties to protect the public. LESSONS LEARNT: The law can never be enforced practically .Sometimes, the female despite knowing that her husband is having AIDS still chooses to marry him .The possible explanation which we encountered is that they said "what if they were married to someone who did not tell his HIV status at the time of marriage but later is HIV positive, so it better to marry someone who is at least honest to you". RECOMMENDATION: The court has no right to evade civil liberties of any person and if a person is known to be HIV positive the right to marry should be left to the partner. As far as the privileged communication is concerned we think that it is of use to society as a whole, but as far as privacy of the individual is concerned it is evaded, but sometime that may be of harm to others so we are in the favor of the privileged communication
Publication Types:
Keywords:
- Acquired Immunodeficiency Syndrome
- Confidentiality
- Disclosure
- Female
- HIV Infections
- HIV Seropositivity
- Human Rights
- Humans
- India
- Infection
- Legislation
- Marriage
- education
Other ID:
UI: 102255113
From Meeting Abstracts