The Jharkhand High Court has directed the State Government to frame comprehensive guidelines and rules for HIV testing and treatment of prisoners, in line with the provisions of the HIV and AIDS (Prevention and Control) Act, 2017. The Court has further ordered that the proposed framework be prepared and submitted within six weeks for consideration. The directive was issued by a Division Bench comprising Justices Sujit Narayan Prasad and Sanjay Prasad while hearing a criminal appeal filed by a convict who had refused to undergo an HIV test at the time of his admission into prison.
The Court examined the statutory framework governing such cases and referred extensively to various provisions of the HIV and AIDS (Prevention and Control) Act, 2017. It drew attention to Section 5 of the Act, which categorically states that no HIV test can be conducted unless the specific conditions laid down under the statute are fulfilled. The Court emphasized that any testing of prisoners must strictly adhere to these legal safeguards, as the provision contains a non-obstante clause that overrides any conflicting procedures. The Bench also considered Section 13 of the Act, which places an obligation on both the Central and State Governments to take necessary measures to prevent the spread of HIV or AIDS, in line with prescribed guidelines.
The Court further highlighted Section 14(1), which ensures the right of persons living with HIV or AIDS to access diagnostic facilities, anti-retroviral therapy, and treatment for opportunistic infections. This provision, the Court observed, creates a positive obligation on the State to ensure proper healthcare and treatment facilities for prisoners living with HIV, thereby safeguarding their constitutional and statutory rights. Additionally, Section 49 of the Act was noted, which authorizes State Governments to frame rules for implementing the provisions of the law effectively. The Bench stressed that the absence of such guidelines in Jharkhand’s prison system underscored the urgency of framing rules to address testing, diagnosis, and treatment comprehensively.
During the proceedings, the Additional Chief Secretary of the Health Department and the Principal Secretary of the Home, Jail, and Disaster Management Department were present before the Court. They submitted that the State Government was willing to take “appropriate measures” in the matter and acknowledged the necessity of consultations with the State AIDS Control Society to devise a workable framework. They also noted that communications from the National AIDS Control Organisation had already advised states to ensure HIV testing in prisons to prevent the spread of infection among inmates.
Taking these submissions on record, the Court directed that the concerned authorities, including the Additional Chief Secretary, Health, the Principal Secretary, Home, Jail and Disaster Management, and the State AIDS Control Society, must collaborate to draft the guidelines. The Court ordered that these draft rules or guidelines be finalized and placed on record before the next date of hearing. The Bench made it clear that the State must act without delay, as the issue directly concerns the health and rights of prisoners.
The matter has been listed for further hearing on 7 November 2025, by which time the State Government is required to submit the proposed framework. The order underscores the Court’s commitment to ensuring that statutory protections under the 2017 Act are enforced and that prison inmates are not denied essential healthcare and safeguards against HIV/AIDS.
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