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Homearrow News and Events Year 2010 HIV-Positive Inmates Can Apply for Bail, Says HC

HIV-Positive Inmates Can Apply for Bail, Says HC

The Bombay high court on Monday observed that, “Prisoners can apply for bail on the grounds of being HIV positive.” The court has also directed the magistrate to carry out continuous inspection of jails.

Hearing a petition relating to the medical facilities available to prisoners, the court directed the government to implement a provision in prison rules, which stated that a terminally sick prisoner should be released after the prison medical officer certifies the condition of the patient, which should then be forwarded to the magistrate.

The issue came to light after a convict filed a bail plea seeking release so that he could spend time with his family. Although the convict died in March 2009, the court has kept the matter pending.

The court also said that instead of providing condoms to prisoners, they should be educated about HIV and “good lessons of life”. “This disease is because of bad habits. Educate them. Some disciplined life is required by every human being,” said a division bench of Justice P B Majumdar and Justice R G Ketkar.

“It is our duty to see that their health can be taken care of. But we must remember that they are in jail because of something wrong that they have done,” said the court.

No directions were passed by the court in this regard but advocate–general Ravi Kadam told the court that some measures will be taken as per guidelines of National AIDS Control Organisation.

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Source :Times of India




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