Right to Life versus AIDS Patients’ Right
to Marry
The issue of women’s right to life in the
context of the AIDS epidemic came to be
litigated and debated when in 1998 the Supreme
Court restricted the right of an AIDS patient to
marry. The judgment came out of a case where a
doctor afflicted with AIDS filed a case for
compensation against a hospital for violating
his right of confidentiality by disclosing his
illness. According to the concerned doctor this
caused social ostracisation and also broke up
his marriage alliance. The petitioner raised the
question of the right to privacy. The Supreme
Court while deciding the case juxtaposed the
right to confidentiality of the afflicted person
to the right of information and subsequently the
right to life of the prospective bride. From
this perspective, the Supreme Court ruled that
while a person is afflicted with AIDS his right
to marry remains suspended.
Subsequently, AIDS unit of a law group filed a
review Petition before the Supreme Court. We
intervened in this case and submitted arguments
grounding women’s social reality that the issue
of consent of women within our social reality is
a vexed and illusory concept and that the whole
AIDS campaign is male-oriented and has not taken
gender into consideration. Even though there is
presumed gender neutrality, the duties, rights
and obligations of the spouses within marriage
vary and within this social reality only men can
take advantage of such situation. The chances of
a woman with AIDS contracting marriage are
practically nil in our society.
The matter was argued by all concerned parties
in the month of December, 2002 and the Supreme
Court passed an order stating that there would
be no new rights created regarding AIDS patients
right to marriage.