India: ‘Poisoning’ charges used for the first time to prosecute two people living with HIV

February 8, 2019

Published in the Times of India on February 8, 2019

‘Poison’ charge invoked against HIV accused

AHMEDABAD: Zone 6 police on Thursday invoked Section 328 of the IPC against the four accused in the human trafficking case which sent a shockwave through the city, especially after the accused were found to be HIV positive. A court also extended the police’s custody of XX by two days.

Police had arrested XX and her accomplice XY on February 3. On Tuesday they arrested two auto drivers, YY of Morena and YZ of Bhind in MP, who allegedly abducted a girl with the intention of human trafficking. During their medical checkup, it emerged that both YY and YZ are HIV positive.

Section 328 of the IPC, is invoked for an attempt to harm by means of poison or stupefying, intoxicating or unwholesome drugs. In this case, police invoked it due to the HIV positive status of the accused.