Delhi Gives Priority To HIV-positive Cases

Delhi Gives Priority To HIV-positive Cases
Delhi Gives Priority To HIV-positive Cases

Delhi Gives Priority To HIV-positive Cases


The legal actions of an individual who tested positive for HIV would be taken up as a priority by the Delhi High Court (HC). Such cases are handled with utmost confidentiality and anonymity requirements.

The HC had issued the practice guidelines on its administrative end following the directives granted by the Supreme Court (SC) in a ruling dated 26th September 2023.

Following the directives issued by the Honourable SC in its ruling of 26th September 2023, the Honourable Acting Chief Justice is happy to provide the following instructions for every concerned person.

According to practice instructions issued through the Delhi HC Registrar General Kanwaljeet Arora on 7th February, the courts shall take up and dispose of any legal proceedings concerning or relating to an HIV-positive person on priority. This procedure will be done per Section 34(2) of the HIV (Prevention and Control) Act, 2017.

It also stated that courts must make sure that the identity and privacy of the HIV-positive person are strictly preserved by replacing the person’s name in court records with a pseudonym.

The SC in its ruling from September 2023, ordered all lower courts and quasi-judicial bodies such as tribunals, commissions, and forums, to perform judicial functions established under federal and state statutes as well as those established under federal and state laws to resolve disputed to take proactive measures to comply with the provisions of HIV Act Section 34. Section 34 deals with the suppression of identity.

Chief Justices of all High Courts are required to gather data and develop strategies for doing so while effectively protecting the identity of those impacted and complying with the regulations set by Section 34(2) of the HIV Act.

The SC’s Registrar General will inquire into the issue and develop significant guidelines, which the court will then approve and put into implementation.




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