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State apathy to HIV positive prisoners: High Court orders payment of Rs 5,000 each

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    Unhappy with the state’s inaction on treatment facilities for HIV positive prisoners, the Bombay High Court on Thursday imposed a cost of Rs 5,000 each on the Inspector General of Prisons, Additional Chief Secretary of health department and Director General of health services.

    The officers will have to pay the sum from their own pockets.

    As per earlier court directions, the three officers were supposed to hold a meeting, and submit a report to the court as to what steps would be taken for treatment of HIV positive inmates.

    However, despite court orders to this effect on June 22, no report was produced before the court on Thursday.

    The HC had taken up the issue in 2008 while hearing the bail plea of a prisoner serving life sentence at Pune’s Yerawada Jail. It was pointed out that in a span of five years (2001-2006), 32 HIV positive prisoners at Yerawada Prison had died. It was alleged that most of the prisoners died due to lack of proper treatment and care.

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    Last month, the court was informed that HIV positive patient, who was seeking bail, died after contracting TB.

    On Thursday the division bench of Chief Justice Swatanter Kumar and Justice S C Dharmadhikari was told that the government wants to appoint a special counsel and therefore the matter be adjourned.

    The division bench noted that in 1997, the high court had asked the state to set up a special prison hospital but no steps were taken in this direction till date.

    “We hear many bail applications where convicts seek bail so that they can get treatment for HIV. Some of them died with the application still pending,” the judges noted.

    The court observed that the government failed to provide necessary infrastructure for treatment of HIV positive inmates.

    The state government had earlier told the court that they have devised a system whereby individual health files of inmates of four central jails in Maharashtra will be maintained for better detection of HIV positive cases.

    They submitted that the suspected HIV positive inmates will be segregated. They will then be examined by the court-appointed committee comprising Dr Alka Deshpande, head of anti-retroviral therapy at J J Hospital and the project director, Maharashtra State AIDS Control Organisation (MSACO).

    The matter will come up for hearing after a week. 

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