JUDGMENT

S. Saghir Ahmad, J.

(1) INFRINGEMENT of Suspended Right to marry cannot be legally compensated by damages either in Torts or common law, is our answer to the problem raised in this appeal which is based on the peculiar facts of its own.

(2) THE appellant after obtaining the Degree of MBBS in 1987 from Jawaharlal Institute of Post Graduate Medical Education and Research, Chandigarh, completed his internship and junior residence at the same college. In June, 1990 he joined the Nagaland State Medical and Health Service as Assistant Surgeon Grade-1. Thereafter, the appellant joined the MD Pharmacology Course though he continued in the Nagaland State Service on the condition that he would resume his duties after completing the MD Course. In September, 1991 the appellant joined the further Course of Diploma in Opthamalogy which he completed in April, 1993. In August, 1993 he resumed his duties in the Nagaland State Health Service as Assistant Surgeon Grade-I.

(3) ONE Itokhu Yepthomi who was ailing from a disease which was provisionally diagnosed as Aortic Anuerism was advised to go to the Apollo Hospital at Madras and the appellant was directed by the government of Nagaland to accompany the said patient to Madras for treatment. For the treatment of the above disease, ltokhu Yepthomi was posted for surgery on 31/05/1995 which, however, was cancelled due to shortage of blood. On 1/06/1995 the appellant and one Yehozhe who was the driver of ltokhu Yepthomi were asked to donate blood for the latteR.Their blood samples were taken and the result showed that the appellants blood group was A (+ve). On the next date, namely, on 2/06/1995, ltokhu Yepthomi was operated for Aortic Anuerism and remained in the Hospital till 10th June, 1995 when he was discharged.

(4) IN August, 1995 the appellant proposed marriage to one Ms. Akali which was accepted and the marriage was proposed to be held on 12/12/1995. But the marriage was called off on the ground of blood test conducted at the respondents hospital in which the appellant was found to be HIV(+). The appellant went again to the respondents hospital at Madras where several tests were conducted and he was found to be HIV(+). Since the marriage had been settled but was subsequently called off, several people including members of the appellants family and persons belonging to his community became aware of the appellants HIV(+) status. This resulted in severe criticism of the appellant and he was ostracized by the community. The appellant left Kohima (Nagaland) around 26/11/1995 and started working and residing at Madras.

(5) THE appellant then approached the National Consumer Disputes Redressal Commission for damages against the respondents, on the ground that the information which was required to be kept secret under Medical ethics was disclosed illegally and, therefore, the respondents were liable to pay damages. The Commission dismissed the Petition as also the application for interim relief summarily by order dated 3/07/1998 on the ground that the appellant may seek his remedy in the Civil court.

(6) LEARNED counsel for the appellant has vehemently contended that the principle of "duty of care", as applicable to persons in medical profession, includes the duty to maintain confidentiality and since this duty was violated by the respondents, they are liable in damages to the appellant.

(7) DUTY to maintain confidentiality has its origin in the Hippocratic Oath, which is an ethical code attributed to the ancient Greek physician Hippocrates, adopted as a guide to conduct by the medical profession throughout the ages and still used in the graduation ceremonies of many medical schools and colleges. Hippocrates lived and practised as a Physician between third and first century BC. He has been referred to by Plato as a famous Asclepiad who had philosophical approach to medicine. His manuscripts, the Hippocratic Collection [Corpus Hi