Should an HIV test before marriage be made compulsory?

Even as the state government actively considers the move, BT delves into the issue

    Madhu's (name changed) life has just come crashing down. The 23-year-old, married for the past one-and-a-half years, has tested positive for HIV and she knows she has contracted it from her husband. Her family is distraught but there's little they can do. "Now, we realise the importance of getting an HIV test done before marriage," says her father. Madhu's is not the only case. Many such instances across the country are highlighting an urgent need to make HIV test mandatory before marriage. The State Women and Child Development department is actively considering the move. In fact, Varsha Gaikwad, Minister, Women and Child Development, recently said that her department had sought opinions in this regard from UNICEF and NGOs working for the welfare of HIV patients. But to bring about this rule, amendments to provisions of the Hindu Marriage Act, 1955 and other allied Acts, will be needed. And even though it looks like the need of the hour, it's not that simple. In the past, such a move has encountered a number of hindrances. 
WHY SOME PEOPLE ARE OPPOSING THE MOVE: 
Some argue that making this test mandatory infringes upon a person's right to privacy, which is a fundamental human right. Also, a big concern is that post-tests, an infected person may be ostracised in his/her community.Ageneralised policy like this could adversely affect HIV control programmeitself, as fear of social discrimination could force people to flee rather than come forward to declare their HIV status. 
    That apart, there are people opposing it because of the veracity of HIV tests. A wrong diagnosis could cause havoc in a person's life. Besides, there is something called a window period, during which a person may test negative despite being infected. Says gynaecologist Dr Firuza Parikh, "The HIV test is not fool-proof. At the time of testing, a person may come negative but turn positive six months later due to the window period. That apart, there's also the question of who will bear the cost of the test. So, what are we trying to prove through these tests? Is it just promiscuity? Because in that case, a person could even cheat by getting somebody else's test result." 
    Sexologist and marriage counsellor Dr Shirish Malde, agrees. "People might resort to getting fake test reports. Also, asking for the test can give rise to trust issues," he says. But then there are many cases where a person has contracted the virus from his/her partner and often it comes to fore when the woman is pregnant, he says. "And the person who was already infected at the time of marriage tends to pretend or was actually unaware. So making such a test mandatory before marriage may help," he adds. 
THIS TEST IS AS IMPORTANT 
AS KUNDALIS: 
In Mumbai, a large section of people, especially youngsters, feel the test must be made mandatory. "People are worried to ask a potential groom for a test, lest it upsets him and his family. But, it's as important as checking the kundalis in current times," says computer professional Tina Raina, 26. A thought echoed by may others. Dr I S Gilada, President of AIDS Society of India, who has been working in this field for almost three decades, emphasises, "This step may upset some people in our traditional society, who might even call off a marriage. It's mostly young unsuspecting women who suffer from this. Human rights activists may say that declaring HIV status of one person is violation of his/her privacy. But doesn't the potential spouse have a right to be protected from the disease? One's right to privacy cannot infringe upon another's right to life. In fact, if it is made mandatory, there will be more awareness and more people going in for regular check-ups." 
WHAT'S THE SOLUTION? 
Instead of just HIV test, a couple, ready to tie the knot, could undergo a comprehensive health check-up that includes tests for diabetes, thalassemia, haemophilia and other sexually transmitted diseases. "This way we can ensure better medical compatibility between partners. Even if one tests positive for HIV, he/she can be rejected only as 'medically unfit' and won't have to carry the stigma of being an HIV/AIDS patient. Vice-versa, if they decide to go ahead with the marriage, it is with full knowledge and understanding, so they can't blame anyone," says Gilada. In the past, Kerala, Andhra Pradesh and Goa attempted to bring about such a rule, but could not succeed. Will Maharashtra manage to do it? Let's see...

RAIMA SEN, ACTRESS: 
If such a bill is being considered, I'm glad it is because we definitely need this, especially in areas where education levels are low. Many suffer because of not having knowledge and rather than that suffering, it's better you are aware of things beforehand.

SIDDHARTH DHANVANT SHANGVI, AUTHOR: 
There's no clear-cut answer. In principle it seems logical enough: both partners should make an informed decision. But by legalising the process, not only do you bring the state into the bedroom, you also stigmatise HIV further. After all, there are many conditions that must be ascertained before we enter a partnership. Why aren't those investigated?

NANDANA SEN, ACTRESS: 
Making the test mandatory could intensify the inhuman stigmatisation that HIV-positive individuals and AIDS patients grapple with. Brides and grooms must be encouraged to take the test before marriage, but it should be voluntary.

RAKHI SAWANT, TV ACTRESS: 
I totally agree with the government and feel everybody must go for a check-up every six months. Nowadays, people are indulging in all kinds of vices. Today, a wife doesn't know if her husband has been in a relationship with another man or woman!

ANUSHKA MANCHANDA, SINGER: 
In our country, where there is still a very prevalent arranged marriage system, a mandatory HIV test would be a boon. Due to our conservative society, these questions are barely asked.

MUGDHA GODSE, ACTRESS: 
Alarming statistics show how children suffer because of their parents being HIV positive and women who not find out if their husbands are HIV positive suffer. It's thus best to be aware.

SAHIL SHROFF, ACTOR AND MODEL: 
Everyone should get an AIDS test; the government should organise this free of cost and have an awareness campaign on sex education. What is more of a concern, is how we treat those who are AIDS victims.

MUKUL DEV, ACTOR: 
I totally support this move to have an HIV test before marriage; especially when one is beginning a family. It will also be a step towards removing the taboo attached with AIDS.

HANSIKA, ACTRESS: 
I agree with the move. Some families may not like it because they are traditional. I feel the issue is personal.