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This is an archive article published on October 21, 2005

Will marry. Will test?

Should prospective marriage partners test for HIV? A ticklish issue, it becomes more controversial when the concept of mandatory pre-marital...

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Should prospective marriage partners test for HIV? A ticklish issue, it becomes more controversial when the concept of mandatory pre-marital testing is brought in.

Until now, three Indian states have been inclined to enforce mandatory HIV testing for people planning to marry. One of them, Punjab, is enforcing this law in Manuke village, 55 km from Ludhiana, through a panchayat decision made a couple of years ago. Andhra Pradesh proposed a bill around the same time but dropped it on second thoughts. As recently as May this year, newspapers reported that families in Namakkal district in Tamil Nadu were demanding ‘‘HIV-negative’’ certificates from prospective brides or grooms. In all, 6.7 per cent of the 15 lakh people in the district are estimated to have HIV and instances of the virus being transmitted to spouses have led parents to insist on these certificates.

Despite all these rumblings, no state has imposed mandatory testing for its entire population. Interestingly, a Muslim country, Malaysia, has taken the lead in this regard and enforced premarital HIV testing in an entire state. In a radical move, the state of Johor has passed a law enforcing the principle of ‘‘No test, no Nikah’’. The moment you register for marriage, you are given a form to fill out. This kickstarts the process of HIV testing, the results of which are jointly told to the couple in question in the second round of post-test counselling, and later to their parents too.

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The law came into force in 2001 after 78 per cent of the 1991 people registering for marriage over a month’s period approved the move. A year later the number of ‘‘ayes’’ shot up remarkably with 96 per cent of the 492 people registered for marriage supporting the law. Islam says parents must marry their child to a healthy partner. To the list of diseases specified for the purpose, this law added HIV.

Over four years of implementation have led to 77,513 people being screened and 125 found positive, of whom 76 went ahead and got married. The others, 49, didn’t marry. Giving this information at the recent International Conference on AIDS in Asia and the Pacific (ICAAP) in Kobe, Japan, Dr Prathapa Senan, Director of Health, Perak, Malaysia argued that preventing even one person from getting infection was worth it.

There was vehement criticism of this move at ICAAP. A Muslim HIV physician from Malaysia said the bureaucracy was misconstruing Islam. People had come to her asking her to falsify HIV test results because they wanted to marry. “There’s leprosy, syphilis, Hepatitis B and C — why are people not mandatorily tested for these?” she demanded. A positive person told everyone how awful he felt having been forcibly tested for HIV. Mandatory testing is against humane behaviour. Ideally, pre-marital testing should be voluntary.

Malaysia’s experiment with mandatory testing needs to be watched closely. If the government’s figures are to be believed, people favour the move. Finally, time will tell whether the law works or not.

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