Ranchi: The Jharkhand High Court has directed the state government to formulate and implement comprehensive guidelines for HIV testing and treatment of prison inmates, in line with the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017.
The directive follows growing concerns over inadequate healthcare facilities for prisoners, particularly in managing HIV cases.
According to TOI, the issue surfaced during a criminal appeal hearing for bail, where the petitioner was found to be HIV-positive. Taking note of the matter, a division bench comprising Justice Sujit Narayan Prasad and Justice Sanjay Prasad summoned state officials for clarification.
The bench observed that Section 49 of the Act empowers the state government to make rules for enforcing its provisions. It also noted that Section 5 restricts unauthorized HIV testing, while Section 13 mandates central and state governments to take necessary measures to prevent the spread of HIV/AIDS.
Advocate Shailesh Kr. Singh represented the appellant, while Additional Advocate General Sachin Kumar appeared for the state.
During the hearing, the Additional Chief Secretary of Health and the Principal Secretary of the Department of Home, Jail & Disaster Management jointly assured the court that the government would consult with the State AIDS Control Society to frame specific guidelines.
Citing Verdictum, the bench also referred to an instruction issued by the National AIDS Control Organisation (NACO) on January 12, 2024, urging effective implementation of HIV testing among prisoners to check its spread.
The court has adjourned the matter until November 17, 2025, granting the state government time to develop and implement the proposed guidelines.
