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Jharkhand HC directs Govt to frame HIV guidelines for prison inmates

Jharkhand Court Upholds Inmate Health Rights
Ranchi: The Jharkhand High Court has directed the State Government to formulate and implement comprehensive guidelines for HIV testing and treatment for prison inmates, in accordance with the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017.
The Court’s intervention follows concerns raised over inadequate healthcare facilities for prisoners, particularly regarding HIV.
Also Read:4 Tamil Nadu Private medical colleges partner to offer free STD treatment
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.
Also Read: WHO Issues Updated Guideline on HIV Service Delivery
The Jharkhand High Court has adjourned the matter until November 17, 2025, giving the state government time to develop and implement the guidelines.
With a keen interest in storytelling and a dedication to uncovering facts, Rumela De Sarkar joined Medical Dialogues as a Correspondent in 2024. She holds a Bachelor’s degree in English Literature from the University of North Bengal. Rumela covers a wide range of healthcare topics, including medical news, policy updates, and developments related to doctors, hospitals, and medical education