Karnataka to enact law to make pre-marital HIV test mandatory

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Dear FORUM,

Article in 'The Hindu ' for your opinion. " Dr. Sharad M. Tanga "

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BANGALORE, JAN. 28. The State Government is said to be thinking of enacting a

law to make pre-marital HIV test mandatory, as it will help prevent the spread

of AIDS.

Among the States, Karnataka has the fourth highest number of people affected by

HIV. The Government has implemented measures for the prevention of AIDS, and

Karnataka is the only State where the Chief Minister heads the AIDS Prevention

Society.

Sources in the Government say that if the law is introduced, brides and

bridegrooms will have to produce a certificate before the marriage registration

authorities that they have taken the HIV test. The certificate will have to be

attested by a medical officer specified by the Government.

In a letter to the Chief Minister, S.M. Krishna, recently, Sharad M. Tanga,

member of the National AIDS Control Organisation, member of the Karnataka AIDS

Prevention Society, and noted surgeon, highlighted the need for the law.

There have been instances in the recent past, particularly in rural areas, of

youths with HIV getting married without revealing their condition. Dr. Tanga

says that the Karnataka HIV Sentinel Surveillance of 2003 found that many women

were infected with HIV early in marriage, and it was quite obvious that they got

the virus from their husbands.

Of the over 45 million people with HIV, India accounts for 4.56 million people,

and Karnataka five lakh people. Maharashtra has nearly 50 per cent of those

infected in the country. After Maharashtra, Tamil Nadu and Andhra Pradesh have

the highest number of HIV infected. A draft legislation on the premarital HIV

test was prepared in Andhra Pradesh before the Legislative Assembly was

dissolved recently. Maharashtra is also keen on enacting the law.

The Bangalore revenue division has 7,372 people with HIV, the Belgaum division

6,966, Mysore 4,984, and Gulbarga 4,095. In Bangalore Urban district, there are

4,743 people with HIV, in Bellary 2,241, in Dharwad 2,184, in Udupi 1,410, and

in Bagalkot 1,386. The numbers in other districts are relatively low. The survey

showed that more than one per cent of the population in 22 of the 27 districts

is HIV positive.

Referring to the need for the law on premarital HIV test, Dr. Tanga says that

after the death of AIDS patients, young widows are thrown out of their homes by

their husbands' relatives. Women generally do not seek an HIV test from their

prospective husbands before marriage, and they find out about the latter's

condition when it is too late.

Dr. Tanga says that some infected youths take pleasure in spreading the

infection to others. " Though those infected should not be discriminated against,

they should not be allowed to infect society at will. " Societal rights are more

important than individual rights, he adds.