In a criminal appeal filed before the Jharkhand High Court to ascertain how an inmate who was kept in custody since 2023 came to be infected with Human Immunodeficiency Virus (HIV) in 2024, a Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad opined that the matter should be adjourned so that the authorities can develop a guideline/rules to take appropriate measures for dealing with a situation like this.
In the present matter, the appellant was kept in judicial custody since 02-06-2023 in Dhandbad District Jail and was transferred to Lok Nayak Jai Prakash Narayan Central Jail, Hazaribagh, on 10-08-2024. He was found to be infected with HIV. As per the medical report, the appellant refused to go for the HIV test when he was put in judicial custody.
In an order dated 11-09-2025, the Court directed the authorities to ascertain the reason as to how the appellant suffered such an infectious disease even though he was in custody. The Jail Superintendent was also directed to submit a report on whether all inmates of the Central Jail have undergone pathological tests to ascertain the spread of the said disease.
The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (the Act), was submitted to the Court. The Court referred to the said Act and stated that Section 5 mandates that no HIV test shall be undertaken or performed upon any person, subject to the provisions of the Act. The Court also considered Sections 13, 14(1), and 49.
The Court noted the submission of the Additional Chief Secretary, as well as the Health and Principal Secretary of the Department of Home, Jail & Disaster Management, wherein they mentioned that the State would take appropriate measures and also mentioned that a deliberation was required with the Aids Control Society as to how such a situation should be dealt with.
The Court stated that the matter ought to be adjourned so that the Additional Chief Secretary, Health and Principal Secretary, Department of Home, Jail & Disaster Management, with consultation of the State Aids Control Society, may be in a position to make out guidelines/rules along with their effective implementation.
As the Additional Chief Secretary had submitted that the State was taking measures to get the prisoners tested to keep a check on the spread of HIV, as per instructions of the National AIDS Control Organisation, the Court directed that the authorities ensure effective implementation.
Thus, the matter was adjourned to be listed after six weeks to bring a proposal on record related to the guidelines/rules.
Appearances:
For Appellant – Adv Shailesh Kr. Singh
For State – AAG-II Sachin Kumar, APP Satish Prasad
