NEW DELHI: Seeking to escape criminal prosecution and compensation liability for turning away a minor girl grievously injured in a brutal sexual assault and who later died, two Ghaziabad hospitals on Friday undertook before Supreme Court to “donate” Rs 12 lakh to the child’s parents.Troubled by the insensitivity of the hospitals and Ghaziabad cops, a bench of CJI Surya Kant, and Justices Joymalya Bagchi and V Mohana said it would consider laying down ‘must treat’ guidelines for hospitals and mandate police to video record complainants’ statements in sexual assault cases.
Court flags gaps in law implementation
Senior advocate N Hariharan, appearing for the victim’s parents, said Bharatiya Nagarik Suraksha Sanhita has provisions in this regard, but no one seems to follow it.Justice Bagchi said, “The law is there. SC rulings are there mandating medical institution to provide treatment. But these are ideals in rarefied atmosphere of court. What happens on ground… is far removed from ideals.”Police officers need to be sensitised, says CJISenior advocate N Hariharan said there are SC rulings mandating the hospitals to treat injured persons yet lapses continue to occur. Had any of the two hospitals given required treatment, the girl might have been alive today, he said.CJI said, “You are absolutely right. The child was treated with such insensitive, inhuman and deplorable manner, it aggravated her victimisation. We will lay down some guidelines in this regard. The police dealing with crime daily tend to become insensitive. Police officers are required to be periodically trained and sensitised to be extremely sympathetic to victims of crime. There was definitely some failure at crucial moments in this case both on the part of the police and the hospitals.“Justice Bagchi said, “The most important thing is preservation of life. That is where both the law enforcing agency as well as the medical institutions were found lacking.”The bench sought suggestions from Hariharan and additional solicitor general Aishwarya Bhati for the court to issue some positive directions in this regard. “The statutory provisions are there but not implemented on ground level. How to fill that gap – we will issue certain directions,” it said.Justice Bagchi referred to the golden period for treatment and said, “If immediate medical assistance was given to the child, she could have survived. The girl, who had suffered such a traumatic sexual assault, the barest thing the hospitals could have done is administer blood.”
