The Supreme Court on Tuesday questioned two private hospitals in Ghaziabad, accused of denying treatment to a semi-conscious minor rape survivor who later died while being transferred to a government facility. The court asked whether they would voluntarily compensate the child's parents or await a judicial ruling on the compensation amount.
SIT Report Confirms Negligence
The Supreme Court-constituted Special Investigation Team (SIT) found merit in the father's allegations that Khajan Singh Manvi Health Care and St Joseph Hospital refused immediate medical care to the four-year-old girl, who had been sexually assaulted and severely injured. She succumbed to her injuries en route to the district government hospital.
Court's Directive
Referring to the SIT report, a bench comprising Chief Justice of India Surya Kant and Justice V Mohana observed that "some action is required to be taken" and instructed the hospitals' counsel to appear at the next hearing. Before adjourning, the bench asked one hospital's lawyer how much it would voluntarily pay the parents. "If you admit negligence and voluntarily compensate the parents, it is fine. Otherwise, we will determine the compensation payable by the hospitals to the parents," the court stated.
Earlier Observations
When the father first approached the apex court, a bench led by the CJI had remarked that the petition revealed not only a diabolic offense but also highlighted the alleged indifferent, inhuman, and insensitive approach of the two private hospitals and local Nandgram police station officers. The court noted that the parents' trauma was compounded when police, instead of acting on the horrifying crime, locked them up and physically assaulted them, warning them to remain silent.
Post-Mortem Flaws
The Supreme Court also criticized the doctor who conducted the post-mortem for failing to mention aggravated sexual assault, despite recording several wounds and the presence of blood on the victim's private parts, along with injuries to her head and other body parts.
