Bombay High Court orders voluntary HIV testing and treatment services in prisons

Treatment in Prisons

On 12 January 2010, the Bombay High Court passed an order which, if seriously implemented by the government agencies involved, would better the lives of those living with HIV across prisons in Maharashtra. The Home Department of Maharashtra State has been directed to complete the following and submit a compliance report by 22 February 2010:

• Vacant posts of medical officers in all prisons to be filled up, including nurses and lab assistants by 20.02.2010.
• Fully functional ICTC Centres to be set up in Thane, Nasik, Amravathi and Yerwada Central Prison by 15.02.2010. Until then/for prisons where ICTC not likely to be set up: patients/prisoners should be taken regularly to Civil Hospitals for medical treatment along with police escort.

(Complete order attached below)

Brief background

The order arises out a bail application that was made in March 2008 by a prisoner in Yerwada Central Prison. Although the prisoner was denied bail as it was not medically indicated in his case many other issues of lack of facilities, infrastructure, police escorts etc and consequent deaths of HIV positive prisoners were brought to the attention of the Hon'ble Court which proactively extended the scope of the application to address the health concerns of the prisoners.

Mr. Anand Grover and Mr. Yug Chowdury have been appointed amicus curiae in the matter. In his role, Mr. Anand Grover has submitted two guideline notes to the Hon'ble Court. The first on international and national guidelines on HIV counseling, testing and treatment, with recommendations to involve NGOs working with people living with HIV. The second on the vulnerability of prisoners to HIV and prevention methods viz condom promotion, oral substitution therapy (OST) and needle exchange programmes, which are being internationally followed and also a core component of the National AIDS Control Programme (NACP). Both notes are attached below.

Several orders were passed by various Benches of the Hon'ble Court. The Court also appointed a Special Committee comprising the Mr. Prakash Sabde, Project Director, MSACS and Dr. Alka Deshpande of JJ Hospital, to study the recommendations made by Mr. Anand Grover and come up with their own recommendations which would to be implemented by the Home Department for the treatment of HIV positive prisoners. The Expert Committee also visited Thane, Nasik, Amravathi and Yerwada prisons and presented their findings to the Court. Many meetings, affidavits and reports later, the Home Department continued to drag its feet in setting up the recommended infrastructure, providing timely counselling and treatment to prisoners as result of which reports of death of prisoners due to lack of treatment continued. The order of 12^th January was passed in the aforesaid context.

Interestingly, the Court was also desirous of exploring the idea of conjugal visits for prisoners and has requested Mr. Anand Grover to submit a note on the evidence and feasibility for the same in prisons.

The matter will now be heard on 22 February 2010.