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The Indian state Maharashtra government is proposing the HIV test becomes compulsory before marriage.

The idea that an HIV test is compulsory before marriage is causing controversy in India. The state of Maharashtra would be the first Indian state to have such a scheme of compulsory HIV tests if the decision is agreed in law.

Compulsory HIV test controversy

The decision to introduce a compulsory HIV test before married was agreed at a meeting conducted by the Public Health Minister – Vimal Mundada. Ms Mundada said the move would help control the spread of the HIV virus, and that a compulsory HIV test would effectively raise awareness of the virus. The debate was triggered as a result of the low awareness of HIV in the state, but the notion sparked criticism as an infringement on human rights and a potentially destructive scheme.

HIV Test could trigger prejudice

There have already been cases reported in India of married couples who have taken an HIV test and discovered they have the virus – only to be vilified by their community – one couple had their house deliberately burnt down. Although it’s crucial to take an HIV test to help raise awareness and control the virus, making the results a matter of public information is a concern for human rights activists. There are also concerns that mandatory HIV tests could impact on a person’s employability or healthcare provision. According to reports by the BBC however, India has one of the highest numbers of HIV cases in the world. Its clear taking a HIV test is a positive move in raising awareness and encouraging more people to practise safe sex, but the compulsory HIV test scheme has sparked debate across India and the world.

Mandatory HIV test criticism

The debate has fallen into two camps – ‘the right for privacy’ and ‘the right for life’. But some officials also fear that implementing compulsory HIV tests will be difficult and impossible – leaving the scheme open to misuse and mistakes. The fact that the virus can have a gestation period of several months also invalidates the effectiveness of pre-marital compulsory HIV testing. The National AIDS Control Organisation’s guidelines state that nobody should be forced to undergo a mandatory HIV test.

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