Court grants bail to HIV-positive inmate citing neglect in medical care by jail authorities
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Shimla, May 21
In a decision, the Court invoked the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, to emphasize the responsibilities of state and private institutions in the care and custody of HIV-positive individuals. This Act mandates establishments to take all necessary measures to ensure that persons living with HIV are not unjustly deprived of medical treatment.
The case involved a petitioner who had been denied adequate medical care while in jail. The Court, observing this failure, granted the petitioner bail on medical grounds. The ruling highlighted the jail authorities’ neglect in providing essential health care, crucial not only for the petitioner’s recovery but also for upholding his human dignity by allowing him to live in a supportive environment.
“Given the failure of the jail authorities in this case to provide necessary medical treatment and health care, which are essential for restoring the health of the petitioner and paramount for preserving human dignity, this Court concludes that the petitioner should be released on bail due to extreme adverse medical conditions,” the Court declared.
The petitioner was represented by Advocates Servedaman Rathore, Vipin Bhatia, and Rohit Steta. Deputy Advocate General Prashant Sen appeared on behalf of the State.
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