Supreme Court Condemns 'Inhuman' Handling of Ghaziabad Child Rape-Murder Case
The Supreme Court of India, in a strongly worded statement on Friday, denounced the mishandling of the brutal sexual assault and murder of a four-year-old girl in Ghaziabad, labeling the actions of police and private hospitals as "inhuman, indifferent, and insensitive." The court emphasized that the grave incident necessitates a court-monitored, time-bound investigation by a central agency or a Special Investigation Team (SIT) to ensure justice.
Details of the Tragic Incident
Senior advocate N Hariharan presented the harrowing case before a bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi. He detailed how the child, daughter of a daily wager, was raped and bludgeoned to death by a neighbor. Shockingly, two private hospitals—Khajan Singh Manvi Health Care and St Joseph Hospital—refused to admit the critically injured girl, who succumbed while being transported to a government hospital.
Hariharan argued that timely medical intervention could have potentially saved the girl's life, highlighting a severe failure in emergency healthcare protocols.
Police Misconduct and Delayed FIR
The court noted with anguish that the local police at Nandgram station compounded the family's trauma. Instead of promptly registering a First Information Report (FIR), officers locked up the parents and physically assaulted them, admonishing them to remain silent about the crime. The FIR was only filed a day later, on March 17, after significant pressure.
In its order, the bench recorded that this police response aggravated the suffering of the parents and their relatives, reflecting a blatant disregard for due process and human dignity.
Court Orders and Summons
Expressing deep concern, the Supreme Court summoned the Ghaziabad police commissioner and the Nandgram Station House Officer (SHO) to appear in court on April 13 with all case records and the inquest report. The bench also directed responses from the two private hospitals involved, seeking accountability for their refusal to treat the child.
Chief Justice Surya Kant stated, "The petition not only reveals this diabolic offence but also highlights the alleged approach of two private hospitals and the officers of the local police station, which is completely indifferent, inhuman, and insensitive."
Flaws in Investigation and Legal Oversight
The court further criticized the investigation's shortcomings, pointing out that the post-mortem report failed to mention aggravated sexual assault despite documenting multiple wounds and blood on the victim's private parts, along with other injuries. Police were faulted for registering only a murder case after a delay and neglecting to invoke charges under the Protection of Children from Sexual Offences (POCSO) Act and relevant provisions of the Bharatiya Nyaya Sanhita (BNS).
The bench asserted, "The facts and circumstances of this case prick the conscience of this court. We are satisfied that to ensure complete justice for the petitioner and his family, an immediate, court-monitored, time-bound investigation by a central independent investigating agency or a special investigation team is required."
Protection for the Family and Witnesses
In response to Hariharan's submission that police continued to threaten the girl's parents by invoking provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to suppress protests, the court issued a protective directive. It ordered police not to take any coercive action against the petitioner, family members, neighbors, or other witnesses, including those targeted under Section 130 of the BNSS.
This case emerges shortly after the Supreme Court constituted an SIT to probe a similar rape of a four-year-old in Gurgaon, underscoring a pattern of systemic failures in handling child sexual assault cases.
