Tripura High Court directs government to conduct HIV tests on all prisoners, provide treatment to HIV+

The Tripura High Court has directed the Central and State governments to conduct HIV test of all persons lodged in prisons in the State either as convicts or as undertrials and to provide necessary treatment to those who are found HIV positive (Court on its own motion v. State of Tripura and Others). .The order was passed by a Bench of Chief Justice Indrajit Mahanty and Justice S Talapatra in a suo motu petition registered by the Court in this regard."The State and the Union of India are directed to issue necessary guidelines to its authorities in association with the Aids Control Society to conduct a thorough research of all persons residing in State prisons either as prisoners or as undertrial prisoners to ascertain as to whether there are any of such undertrials and or prisoners who may be inflicted with HIV and if any such person is found, necessary action thereof for their treatment and care may also be taken in accordance with law," the order stated.The Court further directed that this should be done on an urgent basis so that AIDS does not become an epidemic in prisons."We leave it to the authorities concerned to take up this matter at an urgent basis essentially to ensure that if any such case exists in the State of Tripura and its jails, the same should not become an epidemic and necessary care and treatment of such persons, as may be required, be initiated at the earliest," the Court directed.The Court further ordered that a report regarding the action taken pursuant to the order should be submitted before the Court by November 9, 2021..The Court also appointed Advocate Paromita Dhar as Amicus Curiae in the matter and directed the counsel for respondents including State to serve copies of affidavit on the Amicus.Additionally, the Court directed the State to permit the Amicus to visit prisons after giving prior notice. The Inspector General (Prisons) has to provide all necessary assistance in this regard. .Advocate General SS Dey, Assistant Solicitor General Bidyut Majumdar, Government Advocate D Bhattachariya, Public Prosecutor Ratan Datta and Advocate A Chakraborty appeared for the respondents.The matter will be heard again on Novemeber 12..[Read Order]