The Supreme Court on Friday sent a strong rebuke to a private Ayurvedic doctor and a hospital from Ghaziabad district in Uttar Pradesh over their alleged failure to provide medical assistance to a four-year-old rape victim, questioning whether the child was ignored because she belonged to a poor family.
A three-judge bench comprising the Chief Justice of India Surya Kant and Justices Joymalia Bagchi and V. also questioned. Mohana from the doctor and the hospital sympathized and directed them to consider paying compensation to the bereaved family. Expressing concern over the conduct of medical professionals, the CJI questioned a doctor’s right to use the title if he fails to perform his basic duty.
“You don’t have the right to write ‘doctor’ (your name) if you didn’t do your duty! If you had an allergy, you would have gone with the child to another hospital if you didn’t have the facility… You ignored her because she was poor? She couldn’t afford your fees?” LiveLaw quoted the bench as saying.
The Supreme Court was hearing a petition filed by the child’s father alleging serious shortcomings in the investigation and medical response following the incident that occurred in March this year. The board also reprimanded the Ayurvedic doctor for allegedly refusing to provide primary medical care to the child.
The chief justice told the doctor: “A baby girl is brought before you, and you are so ruthless that you did not provide medical care. If you had any compassion, you would have taken her to the hospital yourself.”
Likewise, the council criticized the private hospital to which the child was taken, noting that its behavior was “the most callous”.
“When we impose a penalty, it will have a chilling effect. Think about compensation to the victim and give reasonable compensation to the family. You have acted in the most cruel way,” the court told the hospital, suggesting that it voluntarily compensate the victim’s family.
The court warned the hospital that if it failed to compensate the family, it would consider imposing costs.
What was the situation?
The case is before The Supreme Court was on allegations of rape and murder of a four-year-old girl in Ghaziabad on March 16. According to the allegations, a neighbor took the child under the pretext of buying chocolate.
The girl’s family began searching for her after she did not return. During the search, the child was found unconscious and covered in blood.
The petition in the Supreme Court alleged that two private hospitals refused to admit the girl before she was eventually transferred to Ghaziabad District Hospital, where doctors declared her brought dead.
The Supreme Court had heard the case earlier in April and ordered an investigation into the matter. The court noted at the time that there appeared to be “complete indifference and insensitive approach” on the part of two private hospitals as well as the local police.
“The most shocking part of the alleged crime is that it shows complete indifference and insensitive approach by two private hospitals as well as the local police,” Chief Justice Surya Kant observed while directing the investigation.
The issue will now be taken up again next week.
