The Court’s intervention follows concerns raised over inadequate healthcare facilities for prisoners, particularly regarding HIV.
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According to the TOI, during the hearing of a criminal appeal for bail filed by a convict, a division bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad was informed that the petitioner tested positive for HIV. The court then summoned the officers concerned by the government to further investigate the matter. The Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad observed, "Section 49 confers power upon the State Government to make out Rules for carrying out the provisions of this Act," reports the Verdictum.
The Appellant was represented by Advocate Shailesh Kr. Singh, while the Respondent was represented by Additional Advocate General Sachin Kumar.
The Court observed that Section 5 of the Act prohibits the performance of any HIV test on an individual, in accordance with the non-obstante clause, except as provided by the provisions of this Act. Additionally, Section 13 mandates that both the Central Government and each State Government, as applicable, must take all necessary and appropriate measures to prevent the spread of HIV or AIDS, in alignment with the prescribed guidelines.
During the hearing, the court took note of a joint submission from the Additional Chief Secretary of Health and the Principal Secretary of the Department of Home, Jail & Disaster Management. The submission assured the court that the Jharkhand State Government would take necessary steps in consultation with the AIDS Control Society to formulate specific guidelines for HIV testing and treatment in prisons.
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According to the Verdictum, the Court additionally observed, "The Additional Chief Secretary, Health, although has stated that in terms of the instruction issued by the National AIDS Control Organisation, Ministry of Health & Family Welfare, Government of India, dated 12th January, 2024, the State of Jharkhand is also making an endeavour to get the prisoners tested to put a check upon the spread of HIV... If such instruction has already been issued, its effective implementation is to be ensured by the authorities concerned".
The Jharkhand High Court has adjourned the matter until November 17, 2025, giving the state government time to develop and implement the guidelines.
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