Himachal Pradesh High Court grants bail to HIV+ prisoner after jail authorities fail to provide treatment

The Himachal Pradesh High Court recently granted bail to a man suffering from Human Immunodeficiency Virus (HIV) and ancillary health issues after finding that the jail authorities failed to provide him with adequate medical health treatment and care [X v. State of Himachal Pradesh]..Justice Ranjan Sharma emphasised that even prisoners have rights to life, dignity and liberty under Article 21 of the Constitution and the State authorities are duty-bound to ensure that the petitioner (prisoner) gets adequate treatment."The fundamental right to life, which includes the right to health and healthcare including the right to live with dignity cannot be permitted to be either shrinked (sic) or taken away, curtailed even in case of a person who is in custody. The State Authorities are under an obligation to safeguard the right to life, be it relates to the right to health of a commoner or a prisoner. Even, a prisoner has fundamental rights in terms of Article 14, 19 & 21 of the Constitution of India. The right to life of a prisoner is more than a mere animal existence or vegetable subsistence," the Court observed..Notably, the single-judge also directed the registry to place the matter before the Chief Justice for it to be taken up as a public interest litigation (PIL) to ensure the implementation of prison reforms.Justice Sharma opined that such a PIL should be initiated so that the Prisons Act, 1894 and the Himachal Pradesh Prison Manual, 2021 see the light of the day and do not remain as paper documents. "With a view to ensure implementation of prison reforms and to safeguard and preserve the fundamental right of life in terms of Article 21 of the Constitution of India, including health/health care, and to enable the prisoners to live a life with dignity, this Court, requests the registry to place the matter at the pleasure of Hon’ble The Chief Justice, for considering it to be taken up as “Public Interest litigation” on various aspects," the Court said. .In this regard, the single-judge flagged the need to monitor the following aspects of prison reforms:a) medical care facilities for prisoners, including workable hospitals;b) healthcare facilities;c) a right to life, including the right to live with human dignity by providing standardized quality food, better clothing, hygiene, sanitization and better living conditions;d) separate cells for sick prisoners with trained attendants from amongst convicts;e) appointment of adequate dedicated Medical Officers and Para-medical Staff in all jails in the State;f) eradication of overcrowding in all jails;g) to ensure that shortcomings regarding living space, barracks etc. are regularly monitored and shortcomings are through coordinated efforts..The order was passed in a case where the petitioner had been booked for cheating and allied offences under Sections 419, 420, 465, 467, and 471 of the Indian Penal Code. He was in jail since February 20, 2024. Two bail pleas filed by him were earlier rejected by the trial court and the sessions court. Thereafter, he moved a regular bail plea before the High Court.It was argued by the petitioner that he had developed chronic health ailments since he was HIV+ and that he was susceptible to many other diseases which could be fatal. He also submitted his health had rapidly deteriorated. Medical records revealed that he had lost almost 9-10 kilograms of weight within a short span, the Court was told.It was further argued that the petitioner was in need of specific dietary and hygiene requirements for which he must be released on bail.In response to the bail plea, the jail authorities submitted before the Court that it was not practical to provide the advised dietary requirements or cater to the personal hygiene conditions required by the accused petitioner..The Court accepted that there may be practical difficulties for the jail authorities to provide the required dietary and healthcare requirements. However, the Court noted that if not jail authorities, the State authorities were under an obligation to safeguard the right to life of the petitioner.The Court also took note of the fact that the petitioner was admitted to the hospital for treatment. However, even though medical experts had suggested that the petitioner should be admitted to the hospital for some more time, he was prematurely discharged from the hospital leading him to be deprived of the requisite health care for HIV+ treatment."Failure on the part of government hospital to provide the timely medical treatment to a person in need of such treatment results violation of his right to life guaranteed under Article 21 of the Constitution of India, as has been done in the instant case," the Court said..The Court further relied on the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 to observe that State and private establishments that are taking care or custody of HIV+ persons, have a duty to take all measures to ensure that such persons are not unfairly denied treatment.The Court proceeded to allow the petitioner's release on bail on medical grounds since the jail authorities had failed to provide him with the required care."Since the jail authorities in the instant case have failed to provide the required medical treatment and health care which are indispensable not only for the purpose of restoration of the health of the bail petitioner and are of utmost priority for preserving the human dignity by permitting the bail petitioner to live in an environment which is congenial to him, this Court is of the considered view that the bail petitioner needs to be enlarged on bail on extreme adversarial medical grounds," the Court said..Advocates Servedaman Rathore, Vipin Bhatia and Rohit Steta appeared for the petitioner. Deputy Advocate General Prashant Sen represented the State. .[Read Judgment]