Lagatar24 Desk
Ranchi: The Jharkhand High Court has directed the state government to frame guidelines under the HIV and AIDS (Prevention and Control) Act, 2017 for testing and treatment of HIV in prisons. The court has given six weeks to the government to present its proposal.
Court’s Observations On Government’s Responsibility
A division bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad issued the order during the hearing of a criminal appeal in which a convicted prisoner had refused to undergo an HIV test in jail. The judges noted that under Section 5 of the Act, no individual can be forced to undergo an HIV test. However, Sections 13 and 14 mandate that both central and state governments must take necessary steps for prevention, testing, and treatment, including facilities for diagnostics, antiretroviral therapy, and infection control. The court further pointed out that Section 49 empowers state governments to frame rules for implementing the Act.
State’s Response And Role Of AIDS Control Society
During the hearing, senior officials from the health department and the home, jail, and disaster management department assured the court that suitable measures would be taken. They also emphasized the need for consultations with the State AIDS Control Society to effectively handle such cases. The court instructed the government to coordinate with the society and to properly implement any directions already issued by the National AIDS Control Organisation (NACO).
Next Hearing Scheduled
The High Court has fixed November 7 as the next date of hearing, by which time the government must submit its proposal in court.
