THE JHARKHAND STORY DESK
Ranchi, Sept 30: The Jharkhand High Court has directed the state government to formulate proper guidelines and rules under the HIV and AIDS (Prevention and Control) Act, 2017, for conducting HIV testing and providing treatment in prisons. The court further instructed the government to submit its proposal within six weeks.
The order was passed by a division bench comprising Justice Sujit Narayan Prasad and Justice Sanjay Prasad during the hearing of a criminal appeal, in which a convicted prisoner had refused to undergo an HIV test inside the jail.
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State’s Responsibility for Prevention and Treatment
During the proceedings, the court observed that under Section 5 of the Act, no individual can be compelled to undergo an HIV test. However, Sections 13 and 14 make it the responsibility of the Central and State Governments to take necessary measures for the prevention and treatment of HIV.
This includes providing facilities for HIV testing, treatment such as anti-retroviral therapy, and infection control. The court also noted that Section 49 empowers state governments to frame rules for the implementation of the Act.
Consultation with AIDS Control Society Needed: Govt
During the hearing, the Additional Chief Secretary of the Health Department and the Principal Secretary of the Home, Jail, and Disaster Management Department jointly submitted that the state government would take appropriate measures. They argued that consultation with the State AIDS Control Society was essential to deal with such matters effectively.
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Next Hearing on November 7
The court directed the state government to prepare guidelines in collaboration with the State AIDS Control Society. If any instructions have already been issued by the National AIDS Control Organisation (NACO), they must be duly followed.
The matter will next be heard on November 7, by which time the state government is required to place its proposal before the court.
