RADHIKA MITTAL
The Himachal Pradesh High Court recently granted bail to an HIV-positive prisoner after jail authorities failed to provide adequate medical treatment. Justice Ranjan Sharma highlighted that prisoners have rights to life, dignity, and liberty under Article 21 of the Constitution, obligating state authorities to ensure proper treatment for detainees.
In his ruling, Justice Sharma stressed that the right to life includes health and proper healthcare, which cannot be compromised, even for prisoners. The judge called for the initiation of a suo motu public interest litigation (PIL) to ensure the implementation of prison reforms, covering medical care, healthcare facilities, and living conditions.
The court’s decision came in a case where the petitioner, incarcerated imprisoned since February 2024 for cheating and other offenses, suffered from severe health deterioration due to HIV. His bail requests were previously denied by lower courts, prompting him to appeal to the High Court. The petitioner argued that his chronic ailments and specific health needs necessitated bail, which the jail authorities admitted they couldn’t meet.
The court noted that state authorities must protect the petitioner’s right to life, including proper healthcare. Despite medical experts recommending prolonged hospital care, the petitioner was prematurely discharged, violating his constitutional rights. The court relied on the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, emphasizing the duty to provide necessary treatment to HIV-positive individuals.
Justice Sharma granted bail on medical grounds, criticizing the jail authorities’ failure to provide essential healthcare. The case was argued by Advocates Servedaman Rathore, Vipin Bhatia, and Rohit Steta for the petitioner, while Deputy Advocate General Prashant Sen represented the state.
- Name of the case: Mr. X versus State of Himachal Pradesh
Bench: Hon’ble Mr.Justice Ranjan Sharma