Jharkhand High Court Directs State To Frame Guidelines For HIV Testing And Treatments For Inmates In Jail

The Jharkhand High Court has directed the State Government to form and implement appropriate guidelines and rules for HIV testing and treatments for inmates in prison in accordance with the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017.

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."

The Appellant was represented by Advocate Shailesh Kr. Singh, while the Respondent was represented by Additional Advocate General Sachin Kumar.

The Court noted that Section 5 of the said Act mandates that no HIV test shall be undertaken or performed upon any person with non-obstante clause subject to provisions of this Act and Section 13 provides 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.

It also took note of the joint submission by the Additional Chief Secretary, Health and the Principal Secretary, Department of Home, Jail & Disaster Management, that the State Government will take appropriate measures on how to deal with such situation, a deliberation is required with the Aids Control Society also and thus adjourned the matter so that the State will be in a position to make out guidelines/rules and its effective implementation. 

"The Additional Chief Secretary, Health, although has stated that in terms of the instruction issued by the National AIDS Control Organisation, Ministry of Health & Family Welfare, Government of India, dated 12th January, 2024, the State of Jharkhand is also taking endeavour to get the prisoners tested to put check upon spread of HIV... If such instruction has already been issued, its effective implementation is to be ensured by the authorities concerned", the Court additionally observed.

The matter was accordingly adjourned to November 17, 2025.

Cause Title: Mithilesh Kumhar @ Mithilesh Pandit v. The State of Jharkhand

Appearances:

Appellant- Advocate Shailesh Kr. Singh

Respondent- Additional Advocate General Sachin Kumar, Additional Public Prosecutor Satish Prasad

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