Can an HIV positive person marry?

May 30, 2002

TIMES NEWS NETWORK - WEDNESDAY, MAY 29, 2002 6:18:09 AM

KOLKATA: This is a story of hope and courage a fight between a man’s search for

happiness and a clash between human rights and the law.

Mr X (real identity protected), an HIV positive 37-year-old executive from Delhi

advertised in the matrimonial columns of two national English dailies on Sunday

seeking the hand of a woman in marriage. Sources in the newspaper offices

confirmed that he had booked space for next three weeks as well.

The ad on May 26, reads: ‘Wanted for HIV+ man, 37/5.7 working in Delhi, an

educated, working, unmarried/widow/divorcee woman below 35. Confidentiality of

HIV status assured. A box number is given as is e-mail ID: writetome@...

There is just one problem. A Supreme Court verdict in 1998 clearly says, that

while an HIV positive person cannot be sacked from any job because of his

medical condition, “sex with them or possibility thereof has to be avoided as

otherwise they would infect and communicate the disease to others. The Court

cannot assist a person to achieve this object.”

The Lawyers Collective, a national organisation whose HIV/AIDS unit provides

legal aid to those afflicted, is fighting at present for Mr X and many others

like him, ensuring they get the right to healthcare, housing, employment and

marital rights relating to maintenance and custody.

“Courts have no jurisdiction to abridge or suspend the fundamental right to life

and liberty. Furthermore, restricting or suspending the right to marry for

HIV-positive persons is arbitrary, unjust and discriminatory in nature, and

violative of Articles 14 & 16 of the Constitution of India,” said a senior

lawyer and a member of the Collective, speaking to TNN over telephone from

Delhi. He pointed out that, if a man admits to his health condition and still a

woman agrees to marry him, the court order is not violated.

But doctors don’t agree. Speaking to TNN in Kolkata, physician Pratim Roy of the

‘STD-HIV-Intervention Programme’ project said, “we advise couples not to get

married if one of them are HIV+. And if they do, sexual contact should be

strictly banned, since even usage of protection is not fool proof”.

Justice DK Basu agreed. “The law will not permit them to get married. It depends

on whether someone takes a couple to court for marrying despite being HIV

positive,” he said.

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