Make
pre-marital clinical tests mandatory: HC
Noting
that impotency or frigidity were serious social problems that often broke
marriages, the Madras high court has suggested making pre-marital clinical
tests mandatory for grooms. These ills often led to violation of human rights,
especially for women, the high court observed and sought the views of the
Central and State governments and asked them to file their replies by September
5.
Justice
N Kirubakaran said if a person was suffering from impotency, it was not
revealed due to social stigma and such omissions hurt people eventually.
Dealing with a petition by a Theni-based man who sought the quashing of a
petition under domestic violence Act filed by his wife, Justice Kirubakaran
said impotency was the cause for the violence against the woman.
If
people kept hiding this illness, more innocent people could become victims, the
judge felt.
Some
may even commit suicide. "It is an avoidable human tragedy," the
judge said in his order.
"Therefore,
the issue needs urgent discussion, deliberation and a suitable law and remedial
as well as preventive measures," the judge said.
The
judge also suggested amendment to marriages laws and fast track matrimonial
cases filed on the ground of impotency and frigidity to be decided within six
months or one year and whether punishment could be awarded for suppression of
these ailments before marriage. He sought the government views on this as well.
Social
stigma or conforming to social values and norms must be preventing persons with
such disabilities to suppress their ailment. Women tend to be the worst
suffers, the judge said
"If
pre-marital tests were made mandatory, they could help not only in preventing
the impotent or the frigid getting married but also can help preventing people
from marrying people suffering from dangerous and incurable diseases such as
AIDS/HIV, " the judge said.
The
judge also lamented that "girls are often treated as unnecessary luggage
and it is a grim reality in this era of women empowerment. Without even proper
minimum verification of the prospective groom they are discharged from the
family in the name of marriage." The result of such a marriage is this
kind of a matrimonial case, he said.
==--==
Thanks,
