Medical confidentiality broken to stop marriage of man infected with HIV

In the "Dr. Tokugha vs. Apollo Hospital Enterprises" case, the Indian Supreme Court suspended the right to marry of persons who are infected with HIV. Tokugha Yepthomi sued the Apollo Hospital after the hospital revealed his positive HIV status, which was discovered when he donated blood to the hospital; the disclosure caused the cancellation of his upcoming marriage and resulted in his embarrassment and ostracism by the community. Because the potential bride had been "saved" by the disclosure, Justices Saghir Ahmad and B. N. Kirpal rejected his claim that his right to confidentiality had been violated and ruled against his claim for damages. According to legal activist Shobba Agarwal, the judgment violates a person's right to privacy and confidentiality without establishing any guidelines. Agarwal also said that the judge's statement concerning AIDS as the product of undisciplined sexual impulses shows a lack of AIDS education awareness.