India
oi-Ashish Rana
The Supreme Court has taken an Ayurvedic doctor and private hospital under its radar for allegedly refusing to provide medical treatment to a four-year-old rape victim in Ghaziabad. Supreme Court slammed the doctor and hospital and said their conduct lack an empathy. The plea was filled by child’s father, the court questioned that do medical professionals fulfil their basic duty or responsibility. The incident is related to the alleged rape and murder of a a child in March this year and now Supreme Court is monitoring the lapses and investigation.
The Supreme Court has criticized an Ayurvedic doctor and a Ghaziabad private hospital for their ruthless refusal to treat a four-year-old rape victim in March, questioning their lack of empathy and duty. The court urged the hospital to provide victim compensation.
Supreme Court Questions Conduct of Doctor and Hospital
A bench led by Chief Justice of India, Surya Kant and Justices Joymalya Bagchi and V. Mohana showed immense anger while hearing the case of father’s petition, that also mentioned the serious failures in the medical responses and how police investigates any incidents.
The bench criticised and questioned the way Ayurvedic doctor who denied any medical assistance to the rape victim child.
“You have no business of writing ‘doctor’ [with your name] if you don’t perform your duty! If you had sensitivity, you would have gone with the child to other hospital if you didn’t have facility…you ignored because she was poor? Couldn’t afford your fee?” the Bench remarked.
CJI also slammed Ayurvedic doctor for not providing immediate medical help despite the child was taken to the hospital in critical condition.
“A child is brought before you and you are so merciless you did not provide medical care. If you had any empathy you would have taken her to the hospital yourself,” the Chief Justice told the doctor.
The court also targeted one of the private hospital where the child was taken and called their conduct as ‘Most Ruthless”.
Court Suggests Victim Compensation, Warns of Costs
In the hearing, the Supreme Court said that the hospital should provide a reason compensation to the victim’s family now instead of waiting for their judgement.
“When we impose penalty it will have chilling effect. Think of victim compensation and grant a reasonable compensation to the family. You have acted in the most ruthless manner,” the Bench told the hospital.
The judges also said if the hospital doesn’t pay the compensation then the court will intervene and could impose a strong cost on them in future hearings.
Giving compensations to the victim is a legal rule under Indian law. Indian states gives compensation scheme under Section 396 of Bharatiya Nagarik Suraksha Sanhita (previously Section 357A of the Code of Criminal Procedure). That allows the financial assistance to victim or their family members in these serious crimes. Supreme Court also said that the institutions should take their responsibilities seriously morally and legally.
What Happened in the Ghaziabad Case?
According the petition filed by victim’s father, the four-year-old was kidnapped by a neighbour on March 16 after luring her with chocolates. When child didn’t return to home, her family started looking for the child and then they found her in unconscious and covered in blood.
The petition filed reveals that two private hospitals refused to treat the child and admit her. She was later admitted to Ghaziabad district hospital, however, later doctor declared her dead.
Later victim’s father appealed in Supreme Court, making allegations of serious lapses not in emergency medical treatment but now the police is investigating matter.
Investigation Already Under SIT, Hearing Next Week
This is not the first time when Supreme Court has raised concern about any case, earlier also in April Supreme Court mentioned and took two private hospital under the radar. In April, SC while directing SIT, the Bench said that “complete indifference and insensitive approach” by the two private hospitals.
“The most shocking part of the alleged offence is that it exhibits complete indifference and insensitive approach of two private hospitals as well as the local police,” the Chief Justice had said while ordering the SIT probe.
Now these kind of cases gives attention to the legal and ethical obligation of hospitals to provide immediate first aid or medical assistance in particularly sexual assault or rape cases. Court continuously says that saving a patient’s life is the first priority over procedural or financial concerns.
