The Supreme Court in India suspends the right of an AIDS-infected person to marry
The Supreme Court has ruled that so long as
a person is not cured of impotency
or a disease like AIDS, his right to me"
cannot be enforced by a court of law.
He is also not entitled to compensation from
the hospital which has disclosed
his/her state of health to his fiancee.
A Nagaland doctor had sought compensation from the Chennal-based Apollo Hospital which had found that he was an HIV-positive patient and disclosed it to the would-be bride's family. The marriage was called off imme. iiiately. A division bench comprising Justice Saghir Ahmed and Justice B N Kirpal said: 'in this situation, the right to marry and duty to inform about his ailment are vested in the same person." The court said; "As long as the person is not cured of the communicable venereal disease or impotency, the right to marry cannot be enforced through a court of law and shall be treated as a suspended right.'