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The question of pre-marital HIV testing has been debated in media and on blogs. We are still searching for a balance between:

A) A nation’s effort in curbing a dreaded disease

B) Freeing the society of its prejudices/taboos

C) An individual’s right to protect what is ultimately a private and confidential matter regarding his/her health

While we are fighting this battle, there are causalities like this 29-year-old woman from Satara.
The woman said she was infected with the HIV virus from her husband, who had been suffering from the disease before their marriage which took place in 1997. Their child who was born in 2000, she said, was also diagnosed as HIV positive.Her only hope was of course the judiciary, but just yesterday, that door too has been shut. The Bombay High Court rejected her plea stating that her applications under sections 498 (a) (dowry harassment) and 420 (willful cheating) of IPC does not hold, because these laws are only meant for property-related matters.
These offences (dowry harassment under section 498A) relate to property of a person. The body of a woman can, by no stretch of imagination, be treated as property, and therefore sections of cheating and willfully cheating (Section 420) would not attract in this case," ruled Justice Nishita Mhatre. […]

Though the court agreed that the woman's husband and her in-laws were fully aware that he was HIV positive at the time of their marriage, it disagreed to try the accused for willfully cheating.As a bystander this is what I understand or more suitably can’t get a grip of…

Doesn’t withholding such vital information constitute the vilest form of cheating – that of snatching her entitlement to a healthy life – something we all regard as an unquestioned given?

In reaction to the court’s verdict, the victim’s lawyer Uday Warunjikar said
This is a case of cheating and should be treated as one of the 'rarest of rare' cases, where a HIV positive woman has come to the court saying she was cheated by her husband. The authorities should treat such cases sensitively, but here they failed miserably. The local police did not even bother to record her statement, hence she was forced to approach the court.As someone who is very particular about her individual freedom, I cannot even begin to imagine what this woman would have gone through – to be duped twice; her marital family and the Indian judiciary.