HIV+ mom can’t take care of child: Court

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HIV+ mom can't take care of child: Court

By our Correspondent

Jaipur, September 20: A local court in Rajasthan has ruled out that

an HIV+ woman would not be able to care of and cater to the needs of

her daughter. The additional civil judge's court in Jaipur has

dismissed a petition filed by an HIV positive woman requesting the

court to hand over her daughter to her.

The People's Union for Civil Liberty (PUCL) said it was shocking and

that the organization would take up the case.

The woman had moved the petition under the new Domestic Violence Act

saying that her in-laws shunted her out of the house after she was

found to be HIV positive.

She claimed her in-laws had taken away her daughter and that she was

not allowed to meet her.

The court observed that the plaintiff's in-laws were capable of

keeping the girl and that the plaintiff was not in position to nurse

her daughter.

" It is against the law, we have taken up the issue and decided to

fight her case.

Lokmat Times, Nagpur 21, September 2007, Page 8

__________________________

F. Borges

E-mail: peter.borges@...

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Re: /message/7854

Dear all,

This is regarding the news published in Lokmat. It's nice that media is playing

a positive role in this case. It is the mother' s right to see her daughter. If

due to ill health, it is not possible for her to look after the child, still no

one can deny her right to see her child.

I had a HIV positive widow,19 years old, in our hospice who had to keep her

daughter in an Ashram in Mumbai after her husband's death. The mother just under

the pressure of circumstances, gave in writing that she has no right as a mother

and the child be sent for adoption.

3 years later, the mother herself on ART and quite stabilised, came to know that

the her daughter is still in the ashram not yet adopted.

She wanted to meet her daughter. As other inmates from our hospice were allowed

to see thier respective children in the same asram, this lady became very

desperate to meet her daughter. For next 3 years, the mother, our sisters tried

thier level best for fulfillment of simple but difficult dream. we contacted

Lawyers and social workers who had done initial paper work. They all said, now

it is next to impossible as the mother had signed some documents.

Then, i along with our sister went to the ashram and requested them that like

any other mother this lady too have emotions. How can you deny her right to see

her daughter. It is inhuman. She was not in perfect mental condition when she

had signd the said documents. Now, that she is o.k., the mother must be allowed

to see the daughter at least once a month and the child should continue to be

in the center as was planned other wise too. At last they agreed. The scene of

mother embracing her child after 5 long years made everyones eyes wet, let alone

the mother.

Even if the positive parents are unable to look after the children, they do not

lose the right to see them and even look after them as long as they can. A lot

of understanding and sensitivity on the part of each of the family member is

required, which is lacking in most of the cases.

The trauma of the illness and breaking of the family becomes a permanant cause

of misrey in all such cases. I have been a witness to many such cases. The law

of land is meant to for the people of the country and not the other way round.

Dr. Divya Mithel,

Jyothis care center, kalamboli

e-mail: <d_mithel@...>