MUMBAI: For long, Indian housewives have silently suffered transmission of HIV from their erring husbands. They are now fighting back. Through sections of the Indian Penal Code that clearly defines the transmission of a disease as a method of causing hurt; they are seeking justice, jail sentences for their husbands and compensation. On the flip side, there are cases of innocent men who are taking their philandering wives to court.

Thirty-four-year-old Savita Ambekar had been married for well over eight years. A teacher in a small municipal school of Mumbai, her husband Sunil Ambekar worked as an upper division clerk in a government concern. Savita thought she had a happy marriage with a daughter and an evidently doting husband. She did have her fights with Sunil when at times he would stay out at nights or say he had urgent work on holidays. But as always, he had an explanation.

A persistent cough and skin rashes which refused to go away took her to a government hospital where she was diagnosed as HIV-positive, seven years after marriage. When Savita, who had never had any physical contact outside her marriage, gave the news to Sunil, instead of receiving sympathy she faced a barrage of allegations and insinuations. The hospital where she had gone for treatment and counselling guided her to an NGO. Determined to fight for her rights and dignity, she used all the help that came her way to go to court. She also charged her husband under Sections 269 and 270 of the IPC for hurting her (along with Sections 323 and 325 of the IPC).

Section 269 of the IPC states that whoever unlawfully or negligently commits an act which is, and which he knows or has reason to believe to be, likely to spread infection of any disease dangerous to life shall be punished with imprisonment for a term which may extend to six months or with fine or both. Section 270 stresses on malignant transmission. On the other hand, Section 323 defines punishment for voluntarily causing hurt, while Section 325 defines punishment for causing grievous hurt.

Another case concerns 28-year-old Nitin Kapoor, who appeared to love his wife Gauri Kapoor more with each passing day. The software engineer had met Gauri, a consultant interior designer, through a common friend. In the first half of this year, Nitin’s health deteriorated. Tuberculosis made his life miserable for many months and then he was diagnosed with skin cancer. A blood test also revealed that he was HIV-positive. Aghast at the discovery, he confronted Gauri who initially denied anything but later confessed to a brief fling with one of her clients. Outraged, Nitin has now dragged his wife to court and slapped a suit under Sections 269 and 270 read along with Sections 319 and 320.

Although the West has prosecuted people who had transmitted diseases knowingly or through criminal indifference, in India, that is yet to happen. For a long time, diseases were considered acts of god and accepted fatalistically as one’s lot. But things are changing. Both Savita and Nitin are among the few in Mumbai who have dragged their spouses to court. Helping them fight for their rights is a non-governmental organisation called the Lawyers Collective.

“We are helping three women and two men who have registered cases against their respective spouses at a magistrate’s court in Mumbai,” says Julie George, legal officer, of Lawyers Collective. — By arrangement with The Times of India