Goa govt likely to make HIV test mandatory before marriage

The government intends to bring in a legislation for this

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Goa Health Minister Vishwajit Rane on Monday said the state government is planning to make the HIV test mandatory for couples before registration of marriage.

The government intends to bring in a legislation for this, he told reporters here.

"The plan is to make the HIV test mandatory for couples before registration of marriage in Goa," he said. The Goa law department is vetting the proposal to make the test compulsory in the coastal state, he said.

"Once the legislation is cleared by the law department, we can introduce it in the state Assembly during the upcoming monsoon session," Rane said.

In 2006, the then Congress-led state government proposed a similar piece of legislation, which met with opposition from several quarters.

A 2008 paper published in the Indian Journal of Medical ethics debated the morality of mandatory HIV tests for couples before marriage. It highlighted how couples could choose to circumvent the tests by getting married outside of the state. It also raised the issue of confidentiality — should a marriage break up after one partner tests positive, the family and relatives are likely to find out about it given the high degree of social scrutiny that takes place during a marriage.

The Joint United Nations Programme on HIV/AIDS (UNAIDS) has mixed views on mandatory HIV testing. According to a policy statement, UN/AIDS supports mandatory HIV-testing before blood transfusions, but not at an individual level on public health grounds.

“UNAIDS/WHO support mandatory screening for HIV and other blood borne viruses of all blood that is destined for transfusion or for manufacture of blood products. Mandatory screening of donors is required prior to all procedures involving transfer of bodily fluids or body parts, such as artificial insemination, corneal grafts and organ transplant. UNAIDS/WHO do not support mandatory testing of individuals on public health grounds.”

The statement adds that voluntary testing is a better option than mandatory tests, as those who take it up voluntarily are more likely to act in a manner to prevent further transmission. It adds, however, that should such tests be carried out, that they be accompanied with appropriate counselling.

Politicians in Goa have taken vocal stands on the issue. On July 10, the state's health ministry released a statement pointing out that while the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 guarantees the rights of those who are afflicted with the syndrome, it does allow for cases where mandatory testing can be carried out.

“In this spirit, the Goa government wants to ensure that a person is not infected with HIV owing to ignorance or non-disclosure. The government will not collect the data on the HIV status of marriage certificate applicant. The government will only ensure that the partners conduct the tests and disclose the results to each other.”

The prevalence of HIV/AIDs in Goa was highlighted in 2014, when the state's minister for health Laxmikant Yashwant Parsekar said in the state legislative assembly that 'Goa does not have a single village unaffected by HIV infection', putting the number of cases at 15,000.

In 2015, Goa's Governor Mridula Sinha said AIDs and drug addiction were against the state's traditions. Speaking on the eve of the state's Liberation Day, she said, "On the social front, we have to keep Goa away from evils such as crime, drug addiction and AIDS. These vices are against our traditions."

With inputs from PTI

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