Jharkhand High Court Directs State To Frame Guidelines For HIV Testing And Treatment Of Prisons Inmates
The Jharkhand High Court has directed the State Government to formulate and implement appropriate guidelines and rules for HIV testing and treatment in prisons, in line with the statutory framework of the HIV and AIDS (Prevention and Control) Act, 2017, and to place its proposal on record within six weeks. The Division Bench comprising Justices Sujit Narayan Prasad and Sanjay Prasad passed...
The Jharkhand High Court has directed the State Government to formulate and implement appropriate guidelines and rules for HIV testing and treatment in prisons, in line with the statutory framework of the HIV and AIDS (Prevention and Control) Act, 2017, and to place its proposal on record within six weeks.
The Division Bench comprising Justices Sujit Narayan Prasad and Sanjay Prasad passed the order while hearing a Criminal Appeal filed by a convict who upon his admission to jail, “refused to go for HIV test”.
The Court in its order stated, “We have gone through the provision as contained under Section 5 of the aforesaid Act wherein it has been mandated that no HIV test shall be undertaken or performed upon any person with non-obstante clause subject to provisions of this Act.”
The Court further took note of the obligations imposed on governments for prevention and treatment, “We have also gone through Section 13 thereof wherein it has been provided that the Central Government and every State Government, as the case may be, shall take all such measures as it deems necessary and expedient for the prevention of spread of HIV or AIDS, in accordance with the guidelines.”
“Section 14(1) provides for measures to be taken by the Central Government or the State Government, which includes the provision of diagnostic facilities relating to HIV or AIDS; Anti-retroviral Therapy and Opportunistic Infection Management to people living with HIV or AIDS; …” the Court added.
The Court also noted that Section 49 empowers the State Government to make rules for carrying out the provisions of the Act, 2017.
During the hearing, the Additional Chief Secretary, Health and the Principal Secretary, Department of Home, Jail & Disaster Management jointly submitted that the State Government would “take appropriate measures” and that “a deliberation is required with the Aids Control Society also” to deal with such cases effectively.
Taking the submission on record, the Court directed the State Government to hold such consultation and prepare draft guidelines. It stated, “the matter needs to be adjourned so that the State through that Additional Chief Secretary, Health and the Principal Secretary, Department of Home, Jail & Disaster Management with the consultation of the Nodal Agency of the State, i.e., State Aids Control Society, may be in a position to make out guidelines/rules and its effective implementation.”
The Court also recorded the Government's submission that pursuant to the National AIDS Control Organisation's (NACO) communication dated 12.01.2024, the State of Jharkhand was taking steps to ensure HIV testing among prisoners to prevent the spread of infection. The Court therefore underscored, “If such instruction has already been issued, its effective implementation is to be ensured by the authorities concerned.”
The matter is now listed on 7.11.2025 with a directive from the Court that the State Government must place the proposed guidelines on record.
Case Title: Mithilesh Kumhar @ Mithilesh Pandit v. State of Jharkhand
Case Number: Criminal Appeal (D.B.) No. 1049 of 2024