Mumbai: Court Considers Releasing HIV Positive Patient From Shelter

In a rare divergence from orders of courts to detain HIV positive commercial sex workers rescued in police raids to prevent them from spreading the infection, a sessions court has ordered a woman's release considering her deteriorating medical condition as she is also a blood cancer patient.

The woman is presently detained at a Deonar women’s shelter. Her brother, a Govandi resident, had moved the sessions court against a magistrate’s order of detention and told the court that he was unaware she was engaged in the flesh trade. Her mother too appeared in court and said she was willing to take care of her daughter if she is released. The shelter home had informed the court that it was willing to let go of the woman as her condition was deteriorating by the day. The woman herself had expressed her willingness to live with her family.

Woman is suffering from HIV as well as blood cancer

“Admittedly, the victim is a major and suffering from HIV as well as blood cancer. It is reported that her condition is deteriorating day by day. She needs chemotherapy. The appellant brother and the mother of the victim are ready to take care of the victim. In view of the said factual position, coupled with the wish and medical condition of the victim, I find it would be just and proper to allow the appeal and thereby set the victim free from detention," Additional Sessions Judge SD Tawshikar said in the judgment.

The order also directed the woman not to be dragged again into the business and become its victim after her release. It also directed the brother to take proper medical care of his sister and also ensure the same.