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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.