Need for legislation for pre-marital testing.

[Guest guest]

Dear friends,

This is the first time I am writing to this Forum. It has been very

enlightening to read various discussion on the Net.

I have been working as a Counselor for sometime, but this is my first time

working in the field of HIV/AIDS, hence please pardon if you find my enquiry

naive.

We are working among the urban poor in the slums of Pune. In one of

our house visits, it was very heartbreaking to get to know Usha (name changed).

She is just 17 years old, married for past one year. She got married in Nov

2004, 3-4 months after marriage, both the husband and wife started falling ill

regularly. The doctor sent them for check up and found that she was positive.

It is at this time Usha comes to know that her husband and family knew his HIV

+ve status. Now, she is extremely sick, and voluntarily came back to her

parents house.

What do you do when one hears of a life broken at sucha young age

for now fault of hers?

What if the husband is pushed into or gets married again on his own

accord?

Maybe, this question has already been asked before. Is there any

possibility of starting a legislation for having compulsory HIV test

before marriage?

Looking forward to hear your response

Jaya Pillay

E-mail: <sahaskendra@...>

[Guest guest]

Dear Forum,

I think that Sahaskendra has raised a very important point here..

that of legislation and enactment of laws arising out of a

particular social situation, which in this instance is the scourge

of HIV-AIDS.

I would like to submit for consideration that as I read about all

the efforts that are going on at various forum and the problems

faced therein.. it is very easy to say that, " this is compulsory..

or regimented.. or enacted by law. "

But as a civil society we must ensure that we can live with as much

freedom and individual choice of determination of one's life as is

possible. We must be very very careful as and when any enactment is

being condsidered that interferes with individual freedom and right

to self-determination.

Yes it is very desired that individuals go in for pre-marital HIV

testing just as it is now being done in case of detection of

pregnancy. An increasing number of women who find themselves

pregnant are going in for HIV testing upon detection of pregnancy..

even though the numbers are small (very small) but the curve is

incremental and positive.

But as we know that there is a window period and thus one can never

be sure that a person tested for HIV is not actually positive. And

there are several other conditions and situations that are important

to ensure / test a persons negative / positive status.

Hence I strongly feel that we should perhaps not think of making HIV

testing compulsory at the time a marriage is being finalized.. but

we must think of creating an enabling environment in which

individuals who plan to get married or who go in for a sexual

encounter ensure the HIV status of herself as well as of her

partner / spouse.

Sincerely

Mallika Jalan

E-mail: <mallika_jalan@...>