Mandatory HIV Testing Before Marriage: A Debate on Public Health vs. Individual Rights
UPSC Relevance
Prelims: Social Justice & Health (Schemes and Policies related to Health, HIV/AIDS Act 2017), Science & Technology (Diseases, ART), Indian Polity (Fundamental Rights - Right to Privacy).
Mains:
GS Paper 2: Issues relating to development and management of Social Sector/Services relating to Health; Government policies and interventions; Welfare schemes for vulnerable sections of the population.
GS Paper 4 (Ethics): Ethical issues in public policy; Right to autonomy vs. public good.
Key Highlights from the News
Main Topic: A debate about whether HIV/AIDS testing should be mandatory before marriage. The Meghalaya government considering such a move is the background.
Argument in favor of making it mandatory:
It will help prevent marriage by individuals who conceal their HIV status, thereby protecting uninfected partners and future children.
It is essential to ensure the overall health of the family.
Argument against making it mandatory:
This is a violation of the HIV and AIDS (Prevention and Control) Act, 2017. This law mandates pre-test counseling, individual consent, and confidentiality.
It is a violation of human rights and infringes upon the right to privacy.
It is likely to increase stigma associated with HIV.
Scientific progress:
Through Antiretroviral Treatment (ART), the amount of virus (viral load) in the blood of an HIV-infected person can be reduced to an undetectable level.
According to the U=U (Undetectable = Untransmittable) principle, a person with an undetectable viral load cannot transmit the disease through sexual contact.
Main challenge: The social stigma associated with HIV still remains strong. Awareness campaigns and better counseling are needed to combat this.
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