File a case if you have AIDS.
Imagine this:
You are a bright young man/woman, who has got everything in life, money, esteem, security etc etc. Now you are ready to settle down in the bliss of a married life. You find someone or your parents find someone for you. You get married, you have the best time in your life, you have the best wife/husband in the world, and one day you find out that you have AIDS? What do you do? Cry out loud? Or fight for your right? Or just accept it as faith?
I suggest you read on…..
In a recent article published in the times of India, Delhi edition, it was brought to light how one can file a case if AIDS was transmitted by their spouse. We all seem to be quite ignorant about it when it comes to filling law suits. We live in a country where we are taught to accept everything as a result of faith or destiny. Now the times are changing and things are going the American way, least we can put that way. There is a law for everything in the US of A, India also has. The difference is that there people are more aware of what they can get from the law whereas here, it’s a totally different story.
Still the numbers are not that encouraging when it comes to AIDS lawsuits, till now only two verdicts has been given while 4 are still awaiting verdict. The question also remains that how many such people will come out in the open? Considering a contemporary Indian society where family pride holds the topmost position, most of the families prefer to keep quite and accept.
With the number of HIV infections going up day by day, this problem is only going to increase when a spouse spreads the infection to his/her own spouse. According to National AIDS Control Organisation (NACO) as of date the estimated people infected with HIV in India is about 5.13 million. Now that’s a huge number and it seems to be on the rise everyday.
On one hand there are NGOs after NGOs trying to educate people on how to stop the infection, and on the other hand is the orthodox Indian society. The educated ones who know everything about HIV/AIDS are also ignorant when it comes to tradition and family esteem. It’s a dilemma of sorts when over 90% of all marriages in the country are arranged. The problem here is none of the family involved raises a question about the bride or groom’s past. I personally have seen so many marriages being arranged but have not found history being discussed in the arrangement. All that matters during an arranged marriage is the unseen future. Even the bride and groom do not think it’s a good idea to know about each other’s past before marriage, smack comes the answer that there is a whole life left to know the past of my husband/wife. Individualism does not seem to figure in this society where a son/daughter is expected to give up what he/she wants in front of the family.
And what about those who are very much in love and very much want to get married to each other? Even if the population of love marriage is small compared to arranged, it still exists (well, in Manipur the figure is the reverse). Here both the partners know each other so much that they decide to spend the rest of their lives together, I guess that’s the main reason, isn’t it? Anyways I am not sure whether both the partners know of their past totally. Even if they do know their pasts the question still remains, whether they know they are clean? I guess if you are an individual enough that you can decide your life partner than I bet you have all the rights to find out whether he/she is clean or not. That will give you the REALITY.
Most of us prefer to live in a world where we are most comfortable with. What happens outside that world does not matter to us. We just seem to carry on with our lives. We don’t seem to fight for what is right for us and what is wrong. We seem to tolerate everything that happens in our lives as just our faith or destiny.
I guess that’s should not be the case as far as I can see. All of us, me you everyone, have our own lives to live in the way we want to live. So in this scenario we have all the rights to know everything that comes in our lives, especially when it comes to marriage. It’s a question of whole life time. So it would be wise to know everything about your partner. For that you must first make sure that you are not the one. So get yourself tested first.
Now as far as the law concerns, there are 4 Indian penal codes under which a case can be filed. They are
269. Negligent act likely to spread infection of disease dangerous to life
Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
270. Malignant act likely to spread infection of disease dangerous to life
Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
323. Punishment for voluntarily causing hurt
Whoever, except in the case provided for by section 334, voluntarily causes hurt shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
325. Punishment for voluntarily causing grievous hurt
Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
There is no harm in fighting for something that you did not ask for.
But why wait till it happens?
You are a bright young man/woman, who has got everything in life, money, esteem, security etc etc. Now you are ready to settle down in the bliss of a married life. You find someone or your parents find someone for you. You get married, you have the best time in your life, you have the best wife/husband in the world, and one day you find out that you have AIDS? What do you do? Cry out loud? Or fight for your right? Or just accept it as faith?
I suggest you read on…..
In a recent article published in the times of India, Delhi edition, it was brought to light how one can file a case if AIDS was transmitted by their spouse. We all seem to be quite ignorant about it when it comes to filling law suits. We live in a country where we are taught to accept everything as a result of faith or destiny. Now the times are changing and things are going the American way, least we can put that way. There is a law for everything in the US of A, India also has. The difference is that there people are more aware of what they can get from the law whereas here, it’s a totally different story.
Still the numbers are not that encouraging when it comes to AIDS lawsuits, till now only two verdicts has been given while 4 are still awaiting verdict. The question also remains that how many such people will come out in the open? Considering a contemporary Indian society where family pride holds the topmost position, most of the families prefer to keep quite and accept.
With the number of HIV infections going up day by day, this problem is only going to increase when a spouse spreads the infection to his/her own spouse. According to National AIDS Control Organisation (NACO) as of date the estimated people infected with HIV in India is about 5.13 million. Now that’s a huge number and it seems to be on the rise everyday.
On one hand there are NGOs after NGOs trying to educate people on how to stop the infection, and on the other hand is the orthodox Indian society. The educated ones who know everything about HIV/AIDS are also ignorant when it comes to tradition and family esteem. It’s a dilemma of sorts when over 90% of all marriages in the country are arranged. The problem here is none of the family involved raises a question about the bride or groom’s past. I personally have seen so many marriages being arranged but have not found history being discussed in the arrangement. All that matters during an arranged marriage is the unseen future. Even the bride and groom do not think it’s a good idea to know about each other’s past before marriage, smack comes the answer that there is a whole life left to know the past of my husband/wife. Individualism does not seem to figure in this society where a son/daughter is expected to give up what he/she wants in front of the family.
And what about those who are very much in love and very much want to get married to each other? Even if the population of love marriage is small compared to arranged, it still exists (well, in Manipur the figure is the reverse). Here both the partners know each other so much that they decide to spend the rest of their lives together, I guess that’s the main reason, isn’t it? Anyways I am not sure whether both the partners know of their past totally. Even if they do know their pasts the question still remains, whether they know they are clean? I guess if you are an individual enough that you can decide your life partner than I bet you have all the rights to find out whether he/she is clean or not. That will give you the REALITY.
Most of us prefer to live in a world where we are most comfortable with. What happens outside that world does not matter to us. We just seem to carry on with our lives. We don’t seem to fight for what is right for us and what is wrong. We seem to tolerate everything that happens in our lives as just our faith or destiny.
I guess that’s should not be the case as far as I can see. All of us, me you everyone, have our own lives to live in the way we want to live. So in this scenario we have all the rights to know everything that comes in our lives, especially when it comes to marriage. It’s a question of whole life time. So it would be wise to know everything about your partner. For that you must first make sure that you are not the one. So get yourself tested first.
Now as far as the law concerns, there are 4 Indian penal codes under which a case can be filed. They are
269. Negligent act likely to spread infection of disease dangerous to life
Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
270. Malignant act likely to spread infection of disease dangerous to life
Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
323. Punishment for voluntarily causing hurt
Whoever, except in the case provided for by section 334, voluntarily causes hurt shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
325. Punishment for voluntarily causing grievous hurt
Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
There is no harm in fighting for something that you did not ask for.
But why wait till it happens?
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