Jharkhand HC Exempts Court Fee For HIV-Infected Minor Thalassemia Patients, Directs Admin & DLSA To Prevent Social Boycott

The Jharkhand High Court has exempted five minor petitioners, aged between 5 and 7 years, from filing court fees after noting that they belong to a disadvantaged family, suffer from Thalassemia, and were infected with HIV during blood transfusion.A Single Judge Bench of Justice Ananda Sen observed that the petitioners require regular treatment and special care, and that their financial condition justified exemption from court fee.The petitioners' counsel submitted that they are minors, belong to a poor and downtrodden family, and are not in a position to deposit court fees because of the additional trauma they are undergoing. Accepting the submission, the Court held that the petitioners were from a “very disadvantaged group of the Society” and were suffering from serious medical conditions requiring continuous treatment. It accordingly exempted them from payment of court fees.During the hearing, the Deputy Commissioner, West Singhbhum at Chaibasa, the Superintendent of Police, West Singhbhum at Chaibasa, the Civil Surgeon-cum-Chief Medical Officer, Chaibasa, and the Secretary, DLSA appeared through virtual mode on the Court's request.The Court was informed that some of the petitioners and their families had allegedly faced social outcasting. Taking note of this, the Court directed the District Administration and the District Legal Services Authority, West Singhbhum at Chaibasa, to ensure that the petitioners and their families do not face stigma or boycott because of the HIV infection.The Court observed that the DLSA, being a statutory body under the Legal Services Authorities Act, 1987, is meant to provide free legal services, promote legal literacy, and support vulnerable groups. It directed:“The DLSA, through its paralegal volunteers of that area should ensure that none of the petitioners or their family members face any social stigma or boycott because of the most unfortunate incident of the infection of H.I.V.”The Court further directed that, if necessary, the District Administration and DLSA should sensitise people in the locality through appropriate programmes. It also observed that the headman of the area should be given responsibility to ensure that the families do not face social stigma.The Advocate General informed the Court that the State was taking the matter seriously and would file an affidavit placing on record the benefits that could be extended to the petitioners and their families. He submitted that Rs. 2,00,000 per family had been given on 26.10.2025, counselling was continuing, antiretroviral therapy was being provided to the infected children, and monthly support for Thalassemia had also been extended.The matter will next be listed on 15 June 2026.Case Title: Deepika Hembram & Ors. v. State of Jharkhand & Ors..Case No.: W.P.(C) No. 3188 of 2026Appearance: Md. Shadab Ansari for the Petitioners. Mr. Rajiv Ranjan, Advocate General and Mr. Ratnesh Kumar for the Respondents.Click Here To Read/Download Order

Jharkhand HC Exempts Court Fee For HIV-Infected Minor Thalassemia Patients, Directs Admin & DLSA To Prevent Social Boycott

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Jharkhand HC Exempts Court Fee For HIV-Infected Minor Thalassemia Patients, Directs Admin & DLSA To Prevent Social Boycott

Rushil Batra

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