HC concern over HIV deaths in prison

Jail officials flouting Naco guidelines,  lawyer tells court

The lack of medical treatment for HIV-positive prisoners in Maharashtra’s jails has come under the scanner of the Bombay High Court.

On Friday, during the hearing of a bail application filed by a HIV-positive prisoner serving a life sentence in Pune's Yerwada Prison, the HC was informed that as many as 32 HIV-positive inmates had died in the Yerwada jail between 2001 and 2006.

“Such deaths in the jail cast an aspersion on the nature of treatment provided in the jail,” said Justice Ranjana Desai and Justice DY Chandrachud, expressing concern over the high incidence of HIV infection among prisoners. 

The judges asked whether the government could consider making HIV testing mandatory for prisoners. They directed the National Aids Control Organisation (Naco) officials and the chief medical officer of Yerwada prison to remain present in court during the next hearing on September 11.

The petitioner’s lawyer Rajesh Bindra told the court that jail officials were flouting Naco guidelines on ensuring that HIV-positive prisoners are taken to Anti-Retroviral Therapy (ART) centres on a timely basis. He said denial of medical treatment to his 30-year-old client (name withheld), who is suffering from the life-threatening disease, amounted to a violation of his fundamental rights. He sought his client's release on bail to enable him to get proper treatment.

   “If we leave HIV-positive prisoners unattended, we are only magnifying the problem,” Justice Chandrachud said. The judges have sought the assistance of lawyers Yug Chowdhary and Anand Grover, who pointed out to the court that HIV testing can be done only on a voluntary basis. Justice Desai said if the number of HIV prisoners was high then the authorities could consider having ART centres within prisons.