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.'
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