Court Directs Collaboration with State Aids Control Society for Effective Guidelines Implementation
Ranchi, September 25, 2025 - In a landmark judgment, the Jharkhand High Court has underscored the critical need for comprehensive measures to manage and prevent the spread of HIV/AIDS within state prisons. The case, concerning appellant Mithilesh Kumhar, who was found to be HIV-positive while in judicial custody, has prompted the court to direct the Jharkhand government to collaborate with the State Aids Control Society to establish and enforce guidelines for HIV/AIDS prevention, control, and management in prisons.
Presided over by Justices Sujit Narayan Prasad and Sanjay Prasad, the Division Bench emphasized the state's responsibility under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017. The court highlighted sections 5, 13, 14, and 49 of the Act, which mandate state action to prevent HIV spread and provide necessary healthcare services, including diagnostic facilities and anti-retroviral therapy, to affected individuals.
The judgment was delivered following the judicial custody of Mithilesh Kumhar, who has been held since June 2023. Despite his initial refusal to undergo an HIV test, subsequent testing revealed his positive status, prompting the court's intervention.
In response to the situation, senior government officials, including Mr. Ajay Kumar Singh, Additional Chief Secretary of Health, and Smt. Vandana Dadel, Principal Secretary of Home, Jail & Disaster Management, assured the court of the state's commitment to address the issue. They acknowledged the need for a strategic deliberation with the State Aids Control Society to formulate actionable guidelines and ensure their effective implementation.
The court has adjourned the matter, providing a six-week timeline for the state authorities to present a concrete plan to manage HIV/AIDS within prison populations. The case is scheduled for further hearing on November 7, 2025.
The judgment also referenced the National AIDS Control Organisation's instruction dated January 12, 2024, urging states to implement guidelines for HIV testing in prisons to mitigate the disease's spread among inmates.
This ruling serves as a pivotal reminder of the urgent need for systemic health interventions in correctional facilities, highlighting the intersection of public health and human rights within the legal framework.
Bottom Line:
Judicial custody of an HIV-positive prisoner — State Government directed to deliberate with the State Aids Control Society and frame guidelines for prevention, control, and management of HIV/AIDS in prisons.
Statutory provision(s): Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 - Sections 5, 13, 14, 49
