Right to Marry

RIGHT TO MARRY

The Lawyers Collective launched a National Campaign against the suspension of the Right to Marry of Persons Living with HIV/AIDS (PLHAs) in 1999 against the Supreme Court judgment in
Mr. X v Hospital Z (1998) [ Click to download judgement ]. The SC had suspended PLHA's right to marry and had gone on to say that PLHAs who married could be penalized under criminal law for transmission of venereal diseases. The Supreme Court had held that, in the case of those PLHAs who were already married, the marriage was null and void despite free, full and informed consent.

LCHAU was of the opinion that the Right to marry is a basic fundamental right of all persons inherent in the Right to Life and Liberty. It tried to highlight the aspect that although, the judgment seemed to be in the interest of public health, it was actually antithetical to it and could have had negative public health implications since a ban on the right to marry would have driven the epidemic underground. This situation would have deteriorated further if doctors and hospitals did not maintain privacy and confidentiality.

Therefore, LCHAU campaigned for the reversal of this blanket order in two arenas. Firstly, awareness was created among the general public about the case itself, public opinion was generated and support for the campaign was mobilized. Workshops and meetings were held all over India including cities like Mumbai, Delhi, Calcutta, Chennai, Pune, Nasik, Rajkot, Goa and so on. Secondly, a petition was filed in the court of law against the suspension of the rights of PLHAs who wish to get married with the full, free and informed consent of the partner.

The SC reconsidered its decision on Mr. X v Hospital Z (2002) [ Click to download judgement ]. The case was argued by LCHAU. Finally, the SC in its 2002 judgment, clarified its stand and allowed PLHAs the right to marry after obtaining full, free and informed consent of their partner. After three years, the National Campaign launched by the Lawyers Collective on the right to marry of PLHAs was successful.