Supreme Court Addresses Medical Negligence in Child Rape Case
On Friday, the Supreme Court of India expressed strong disapproval towards an Ayurvedic doctor who failed to administer medical care to a child rape victim in Ghaziabad last March. The Court’s response came while addressing a plea from the child’s father, who highlighted significant shortcomings in both the investigation and medical response.
Court’s Remarks on Medical Negligence
A Bench, comprising Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, sharply criticized the doctor’s lack of empathy and immediate action. “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 Bench remarked directly to the doctor.
Hospital’s Role Scrutinized
Further scrutiny was directed at the hospital which had initially treated the victim. The Supreme Court accused the facility of acting ruthlessly and urged it to offer reasonable compensation to the victim’s family. “When we impose penalty, it will have a chilling effect. Think of victim compensation and grant a reasonable compensation to the family. You have acted in the most ruthless manner,” stated the Bench.
Previous Court Observations
In April, the Court had previously noted the “complete indifference and insensitive approach” by two private hospitals as well as the local police involved in the case. This observation led to the ordering of an investigation by a special investigation team (SIT).
Details of the Incident
The tragic incident occurred on March 16, when the child’s father, upon returning home, discovered that his daughter was taken by a neighbor under the guise of buying chocolate. When they failed to return, a search was initiated, and the child was found unconscious and in a critical state. Despite being taken to two private hospitals, she was denied admission and was finally transported to the Ghaziabad district hospital, where she was pronounced dead.
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Legal Representation and Next Steps
The Supreme Court is scheduled to continue hearing the case next week. Representing the victim’s family is Senior Advocate N Hariharan, while Additional Solicitor General Aishwarya Bhati is appearing for the State.
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