Court Directs Local Authorities to Conduct Sensitization Programs to Prevent Social Stigma and Ensure Welfare of Affected Families
In a landmark decision, the Jharkhand High Court, under the judgment of Justice Ananda Sen, exempted five minor petitioners from the obligation to pay court fees, recognizing their financial incapacity and critical medical condition. These children, aged between five to seven years and hailing from economically disadvantaged families, are grappling with Thalassemia and have also contracted HIV due to blood transfusions.
The court's decision, dated May 5, 2026, underscores the judiciary's commitment to social justice by addressing the vulnerabilities faced by these minors. The exemption from court fees was granted under the provisions of the Legal Services Authorities Act, 1987, acknowledging the petitioners' financial hardships and their urgent need for medical care.
Furthermore, the court has taken proactive measures to prevent any social ostracization of the petitioners and their families. The District Administration of West Singhbhum at Chaibasa, along with the District Legal Services Authority (DLSA), has been directed to initiate sensitization programs in the petitioners' locality. This initiative aims to educate the community and eradicate any social stigma associated with the petitioners' medical conditions. The local headman has been entrusted with ensuring that no social discrimination occurs.
Advocate General Rajiv Ranjan, representing the state, addressed the court, expressing the government's serious commitment to the issue. He outlined several proposals intended to support the petitioners and their families, including financial aid, continuous counseling, and antiretroviral therapy. The state has already provided Rs. 2,00,000 per family and is committed to ongoing monthly support for Thalassemia treatment.
The court has mandated the Deputy Commissioner and other stakeholders, including the DLSA, to ensure that the children's education is not disrupted due to their health and social circumstances. The case is scheduled for further orders on June 15, 2026, as the state is expected to present a comprehensive support plan for the affected families.
This judgment highlights the role of the judiciary in safeguarding the rights of vulnerable groups and emphasizes the importance of legal and social support systems working in tandem to address complex socio-medical issues.
Bottom line:-
Petitioners, being minors from disadvantaged families suffering from Thalassemia and HIV, exempted from payment of court fees. Directions issued to District Administration and DLSA for sensitization programs to prevent social stigma and ensure petitioners' welfare.
Statutory provision(s): Legal Services Authorities Act, 1987 Sections 12 and 13
Deepika Hembram v. State of Jharkhand, (Jharkhand) : Law Finder Doc id # 2899720
