SUPREME COURT OF INDIA RESTORES HIV+ PERSON'S RIGHT TO MARRY

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10.12.2002

SUPREME COURT OF INDIA RESTORES HIV+ PERSON'S RIGHT TO MARRY

Dear Friends,

Today the Supreme Court of India passed an order in a case related to the issue

of an HIV+ person's right to marry. This case was filed by Lawyers Collective

HIV/AIDS Unit on behalf of its client Mr. X, seeking clarifications and

challenging the judgment of the Supreme Court in the case of Mr. X v Hospital Z

in 1998 wherein the court had suspended the right of PWA to marry, although this

was never an issue before it.

In today's order the Supreme Court held that all observations relating to

marriage in Mr. X v Hospital Z in 1998 were not warranted as they were not

issues before the Court. The Supreme Court did, however, state that it's

pronouncements regarding the role of hospitals to make disclosure of HIV+ status

in Mr. X's judgment remain as they were made regarding an issue before it in the

case (Mr. X's case concerned the issue of breach of confidentiality of the

petitioner's HIV+ status by a hospital blood bank to the petitioner's

relatives). In effect, therefore, the Supreme Court's judgment in Mr. X v

Hospital Z to the extent that it suspends the right of PWA to marry is no longer

good law. The right of an HIV + person to marry is restored. However, this does

not take away from the duty of those who know their HIV+ status to obtain

informed consent from their prospective spouse prior to marriage.

We shall be informing you of more details of today's Supreme Court order,

including the full text of the judgement as and when we receive them. However,

we are happy to convey this positive order of the Supreme Court and extremely

pleased that the rights-based approach to HIV/AIDS has received further support

and PWA rights have been strengthened. This is the only effective way in dealing

with HIV/AIDS - taking away rights only strengthens stigma and fear, protecting

and providing them strengthens understanding and empowerment.

In solidarity,

Lawyers Collective HIV/AIDS Unit

E-mail: <aidslaw@...>

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