Suing hubby for HIV transmission -Lesson to be learnt from it-

Hueiyenlanpao/Editorial/item/1860

Imphal May 28: The news report of a young woman slapping a suit against her husband under Sections 269, 270, 319, 323 and 34 IPC for alleged transmission of HIV deceitfully was indeed sad. As per the report, the man already knew his HIV status before forcing the young woman to enter into wedlock with him in 2010 and it was by chance that the young woman came to know about the harsh reality of her husband. According to the account given by the young woman, before their marriage on January 25, 2010, the man stalked her everywhere she goes, even to her school and pester her with calls. To put an end to all his unwelcome advances, she went to meet him one day. But she was drugged and forced to elope with him much against her wishes. All these while and even after tying the nuptial knot, the man did not reveal anything about his HIV status and the poor woman had no idea, although the conduct of her husband was suspicious from his regular intake of some medicines and refusal to meet a number of his 'women-friends' coming to look for him. It was quite by chance that the poor woman came to know about the HIV status of her husband. She came across some reports of clinical laboratory for CD4 count and HIV testing. When confronted, the husband denied all accusations and burnt the documents. The poor woman managed to flee from the house and later she was also tested positive of HIV. This was indeed outrageous.

It may be the first time in Manipur that a woman has dragged her husband to court for deceiving her and transmitting HIV knowingly, however, the problem surely is not a new thing in the state, which is notorious for its high prevalent rate of HIV in the country. Since the first case of HIV was detected in Manipur in 1990 from the blood samples of some Intravenous Drug Users (IDUs), there has been a steep rise in the number of HIV cases, so much so that transmission route is no more confined to drug abuse. With HIV transmission through sexual route and its spread among general population becoming alarming, we are quite sure that not just many innocent young women but also many more innocent young men have become victims of HIV unwittingly. Being the first case of its kind in Manipur, it is understandable that filing of a criminal suit against her HIV positive husband by a young woman victim may create some sort of consternation among certain sections of the people, more particularly among the NGOs working in the field of HIV/AIDS. But what is important here is the breach of trust in the marriage, which is regarded as union of two souls. In any relationships (marriage no exception), trust is essential. It is the glue that holds together the two souls and without it there is no meaning in the relationship. Breach of trust was one cardinal sin that the accused husband committed by concealing his HIV status and transmitting the virus to his innocent wife knowingly. The present case should also be taken as a reminder to all on the need for making HIV test a must before marriage.

http://www.hueiyenlanpao.com/editorial/item/1860-suing-hubby-for-hiv-transmission-lesson-to-be-learnt-from-it