Woman Overcomes HIV and Legal Hurdles to Win Property Share

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Woman Overcomes HIV and Legal Hurdles to Win Property Share

June 21, 2010: Mamata Maharana (name changed), 28, resident of Nayagarh

district, Orissa has just won the battle of a lifetime. Her widowhood and HIV

positive status detected in April 2007 led to untold harassment and violence by

her in-laws. She was even denied her rightful share of property. But an

alternative dispute resolution has given her fresh impetus and success without

getting involved in endless litigation.

After her husband’s death because of HIV in April 2007 Mamata fell prey to

false promises of hope and marriage made by her youngest brother-in-law. He

convinced her to have sex with him by claiming also to be HIV positive, and then

deceived her to part with Rs.10, 000.

She was 6-7 months pregnant when she was detected to be infected with HIV. She

was forced to undergo an abortion, which was also medically not advisable. She

was blamed for everything and forced to leave her in-laws’ place. She sought

police help but to no avail. The Village Committee ruled that her brother in-law

should marry her. Her in-laws responded by disclosing her HIV status to the

whole village.

The Village Committee then asked her brother-in-law to get tested for HIV. But

Mamata’s situation did not take any positive turn.

Mamata was fortunate to come into contact with the Kalinga Network of People

Living with HIV (KNP+), and with their reference she contacted the SAATHII Legal

Aid Unit on April 9, 2009. The Legal Aid Unit LAU members, together with Sebati

Soren, one of the unit’s referral panel lawyers; representatives from KNP+;

and Nayagarh-based Ganiya Unayana Parishad met Mamata’s in-laws at their

residence on May 16, 2009.

The mediators suggested both parties arrive at an amicable settlement, failing

which Mamata would be helped to take legal action. Initially, the in-laws were

in a hostile mood and they narrated a long list of Mamata’s faults. This

clearly reflected their ignorance about HIV and gender bias. They were in no

mood to concede anything to Mamata.

Mamata and the Legal Aid Unit did not let up. It was difficult for Mamata to

come to a decision, dealing as she was with agony. She suffered mood swings and

wavered between “mending†relations with her in-laws and “avenging

herselfâ€. On July 18, 2009 it was decided that for the time being she should

not be pushed into deciding on anything. The matter would proceed only when she

was in a stable frame of mind.

By December 2009, Mamata had made up her mind to claim her legitimate share in

her husband’s property and decided there was no way she would stay in her

in-laws’ home. She opted for a mutual settlement.

After persistent efforts, the Legal Aid Unit managed to organize a daylong

community meeting on March 20, 2010. Representatives from the Bhubaneswar

Network of People Living with HIV (BNP+), Human Rights Law Network and around 20

people from both sides (Mamata’s and her in-laws’) decided that Mamata would

receive Rs.1,20,000 as her share of her late husband’s property, and the

household articles she had received at the time of her wedding would also be

returned to her.

The decision was based on a calculation of the value of her in-laws’ property

and the number of shareholders. This decision was formalized today (June 21,

2010) with a written deed prepared before the Notary, Civil Judge Court,

Ranapur, Nayagrah district.

It was KNP+’s initiative that helped Mamata access the services of the Legal

Aid Unit run by SAATHII. Apart from psycho-social and moral support, the Legal

Aid Unit helped Mamata bear partial costs involved in her long battle to arrive

at a settlement.

SAATHII is the Secretariat of a state-level civil society coalition

“Samparkâ€, in which KNP+ is a member agency. Sampark and SAATHII are

supported by Interact Worldwide, London and the Department for International

Development – Civil Society Challenge Fund, Glasgow.

Mamata is now a more confident person and is working for other people living

with HIV. She has invested the money she received from her in-laws in her

daughter’s education and her personal future security.

As a positive speaker she often shares her story with others. Apart from the

story of a remarkably courageous young woman, this incident also shows that

costly and time consuming litigation need not be the only recourse to seek

justice. For many socio-economically weak persons, especially marginalized

sections like people living with HIV, Mamata’s story is a beacon of hope.

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Report written by: Subhalaxmi Mohanty, Member, SAATHII, Bhubaneswar Office,

Legal Aid Unit, with editing support from Pawan Dhall, Director, SAATHII,

Kolkata Office

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