HC tells prison officers to consider testing new inmates for the virus
Reacting to a letter by an HIV positive rape convict, the Nagpur bench of Bombay high court has asked prison authorities to consider taking an HIV test of an undertrial or convict before he is lodged.
The rape convict, Ram Kishore (name changed), in a letter dated March 7, alleged that he was infected with HIV during his stay in jail as the “barber in jail shaves several inmates with the same blade”. Despite repeated complaints to the jailer and an additional sessions judge who visited him in prison “no attention was paid to his grievance”, he claimed.
Disposing of the petition (converted from the letter) on July 23, the division bench of
KH Rohee and BP Dharmadhikari said, “The jail authorities should explore the possibility as to whether an HIV test can be undertaken whenever any undertrial or convict is lodged in jail, particularly in connection with sexual offence so as to avoid further allegations that during his stay in the jail he was infected with the virus.”
The court also held that there is “every possibility” that Kishore contracted the deadly virus before he was lodged in jail.
The bench took into account a communique sent by a civil surgeon of the General Hospital in Chandrapur to the superintendent of district prison, Chandrapur, which says that after the HIV virus enters human body, it requires three to six weeks to confirm the infection. This period is known as the window period.
Also, a counsellor submitted a report to the jailer which said that he had a “history of sexual relationships with several females”.
Kishore was arrested on charges of rape and sent to Chandrapur jail in May 2007. On medical examination before his admission in the jail, he was found to be physically fit. But, an HIV test (free in all government hospitals) was not done.
However, when he complained of fever, various tests including HIV test was taken in the General Hospital in Chandrapur. A report dated December 22, 2007, revealed that Kishore was HIV positive.
Subsequently, he was also convicted by a sessions court on January 15 and was sent to Nagpur Central jail.
The officials from Nagpur Central jail and Chandrapur jail have in an affidavit stated that they had issued instructions for using fresh blades for shaving and hair-cutting of the prisoners. The court directed them to “ensure strict observance” of these instructions.
r_menaka@dnaindia.net
