Victims must get full treatment: SC
KRISHNADAS RAJAGOPAL: The Hindu
In an order likely to have far-reaching effects, the Supreme
Court ruled on Friday that private hospitals could neither “turn away” victims
of acid attack nor wash their hands of after providing first aid.
The court made it mandatory for these hospitals across the
country to provide full and free medical treatment to the victims. The order
said the term “treatment” included reconstructive surgery, free medicines, bed,
rehabilitation and aftercare.
The order came on a public interest litigation petition
filed by Laxmi, an acid attack victim, following nine years of fighting for the
rights of victims.
Ms. Laxmi was only 15 when three men, one of whom she had
refused to marry, threw acid on her near Tughlaq Road in New Delhi. She has
been fighting a lonely battle since 2006 in the Supreme Court, and in the
process, succeeded in getting the Indian Penal Code amended to make acid attack
a special offence. She further persuaded the court to increase the compensation
for victims to Rs. 3 lakh, besides procuring a complete ban on over-the-counter
sale of acid.
Friday’s order dealt with Ms. Laxmi’s final demand for
getting victims proper treatment, aftercare and rehabilitation.
In its order, the Social Justice Bench of Justices Madan B.
Lokur and U.U. Lalit directed that “all States should take up with private
hospitals and ensure that they do not deny treatment to acid attack victims. We
see there is a reluctance on the part of some private hospitals to provide free
treatment.”
The court clarified that “free treatment would mean not only
free medical treatment but also availability of medicines, food and reconstructive
surgery.”
The court directed the State governments to take action
against the hospitals turning away victims.
The Bench was interpreting Section 357C of the Criminal
Procedure Code, inserted in Feb. 2013, to deal with the issue of cost of treatment
of acid-attack victims.
IMA News Editors
Comments
The above Supreme Court Judgment has large implications not
only in acid burn cases but also victors of child sexual abuse and rape. Let us
revise various provisions of law.
• CrPC Chapter XXVII: S. 357 C [Code of Criminal
Procedure]: Treatment of victims [1]
Description: " All hospitals, public or private,
whether run by the Central Government, the State Government, local bodies or
any other person, shall immediately, provide the first-aid or medical
treatment, free of cost, to the victims of any offence covered under section
326A, 376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code, and
shall immediately inform the police of such incident."
• 2. '326A.
Whoever causes permanent or partial damage or deformity to, or burns or maims
or disfigures or disables, any part or parts of the body of a person or causes
grievous hurt by throwing acid on or by administering acid to that person, or
by using any other means with the intention of causing or with the knowledge
that he is likely to cause such injury or hurt, shall be punished with
imprisonment of either description for a term which shall not be less than ten
years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and
reasonable to meet the medical expenses of the treatment of the victim:
Provided further that any fine imposed under this section shall be paid to the
victim.
• 376. (1)
Whoever, except in the cases provided for in sub-section (2), commits rape,
shall be punished with rigorous imprisonment of either description for a term
which shall not be less than seven years but which may extend to imprisonment
for life, and shall also be liable to fine.
(2) Whoever,—
being a police officer, commits rape— (i) within the limits
of the police station to which such police officer is appointed; or (ii) in the
premises of any station house; or (iii) on a woman in such police officer's
custody or in the custody of a police officer subordinate to such police
officer; or
(b) being a public servant, commits rape on a woman in such
public servant's custody or in the custody of a public servant subordinate to
such public servant; or
(c) being a member of the armed forces deployed in an area
by the Central or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail,
remand home or other place of custody established by or under any law for the
time being in force or of a women's or children's institution, commits rape on
any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital,
commits rape on a woman in that hospital;
• Refusal
to provide medico legal examination and treatment is punishable by imprisonment
for up to 1 year as per section 166B IPC.
Section 166B of
Indian Penal Code (IPC) 1860: " Whoever, being in charge of a
hospital, public or private, whether run by the Central Government, the State
Government, local bodies or any other person, contravenes the provisions of section 357C of the Code of
Criminal Procedure, 1973, shall be punished with imprisonment for a term which
may extend to one year or with fine or with both]"
• This
examination can be performed by any registered medical practitioner (Section
164 (A) CrPC).
• Section
53 a of CRPC: b)"registered medical practitioner" means a medical
practitioner who possesses any medical qualification as defined in clause (h)
of section 2 of the Indian Medical Council Act, 1956 and whose name has been
entered in a State Medical Register.
• Section-164
A of Cr.P.C.- Medical examination of the victim of rape.
164 A.
Medical examination of the victim of rape. – (1) Where, during the stage when
an offence of committing rape
or attempt to commit rape is under investigation,
it is proposed to get the person of the
woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical
expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by
the Government or a local authority
and in the absence of a such a practitioner, by any other registered medical practitioner, with the consent of such woman
or of a person competent to give such consent on her behalf and such woman shall be sent to such registered
medical practitioner within twenty- four
hours from the time of receiving the information relating to the commission of such offence.
(2) The
registered medical practitioner, to whom such woman is sent shall, without
delay, examine her and prepare a
report of his examination giving the following particulars, namely:-
(I) the
name and address of the woman and of the person by whom she was brought;
(II)
the age of the woman;
(III)
the description of material taken from the person of the woman for DNA profiling;
(IV)
marks of injury, if any, on the person of the woman;
(V)
general mental condition of the woman; and
(VI)
other material particulars in reasonable detail.
(3) The report shall state precisely the reasons
for each conclusion arrived at.
(4) The
report shall specifically record that the consent of the woman or of the person
competent to give such consent on her
behalf to such examination had been obtained.
(5) The
exact time of commencement and completion of the examination shall also be noted
in the report.
(6) The
registered medical practitioner shall, without delay forward the report to the investigation officer who shall forward it
to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of
that section.
(7)
Nothing in this section shall be construed as rendering lawful any examination
without the consent of the woman or of
any person competent to give such consent
on her behalf.
Explanation.
– For the purposes of this section, “examination” and “registered medical practitioner” shall have the
same meanings as in section 53’