Supreme Court of India directions on treatment of acid attack victims at Private hospitals :
In Land mark judgement for the protection of acid attack victims ,Hon'ble Supreme Court gave directions to private hospitals to be followed.
•The States/UTs will take a serious note of the directions of the Supreme Court with regard to treatment and payment of compensation to acid attack victims and to implement these directions through the issue of requisite orders/notifications.
• The private hospitals will also be brought on board for compliance and the States/UTs will use necessary means in this regard.
•No hospital/clinic should refuse treatment citing lack of specialized facilities.
•First-aid must be administered to the victim and after stabilization, the victim/patient could be shifted to a specialized facility for further treatment, wherever required.
•Action may be taken against hospital/clinic for refusal to treat victims of acid attacks and other crimes in contravention of the provisions of Section 357C of the Code of Criminal Procedure, 1973.
Full Text of Judgement :
IN
THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION
(CRL.)NO.129 OF 2006
LAXMI
...PETITIONER VERSUS UNION OF INDIA & ORS. ...RESPONDENTS
O
R D E R
Pursuant to our order dated
06.02.2015, the Ministry of Home Affairs has filed an affidavit dated 8 th
April, 2015. We have heard learned counsel for the parties in considerable
detail. A meeting was convened by the Secretary in the Ministry of Home
Affairs, Government of India and the Secretary in the Ministry of Health and
Family Welfare, Government of India with all the Chief Secretaries/their
counterparts in the States/Union Territories on 14.03.2015. From the affidavit,
the provisional figures for 2014 indicate that there were 282 acid attacks in
all the States. The majority of acid attacks were in the States of Uttar
Pradesh (185), Madhya Pradesh (53) and Gujarat (11).
As far as the Union Territories are concerned,
Delhi is the only Union Territory where acid attacks have taken place and the
total number of such attacks in the year 2014 provisionally is 27.
In all, therefore, 309 acid
attacks are said to have taken place provisionally in the year 2014. As
mentioned in our order dated 06.02.2015, with the amendment to the Indian Penal
Code, nothing survives in the first prayer made by the petitioner. The second
and third prayers relate to the cost of treatment of the acid attack victims
and application of Section 357C of the Code of Criminal Procedure, 1973, which
was inserted by an Amendment Act in 2013 with effect from 03.02.2013.
In the meeting convened by
the Secretary in the Ministry of Home Affairs and the Secretary in the Ministry
of Health and Family Welfare on 14.03.2015, it has been noted that a Victim
Compensation Scheme has already been notified in almost all the States and
Union Territories. However, we are told today that the Victim Compensation
Scheme has been notified in all States and Union Territories. We have gone
through the chart annexed along with the affidavit filed by the Ministry of Home
Affairs and we find that despite the
directions given by this Court in Laxmi Vs. Union of India [(2014) 4 SCC 427],
the minimum compensation of Rs.3,00,000/- (Rupees three lakhs only) per acid
attack victim has not been fixed in some of the States/Union Territories. In
our opinion, it will be appropriate if the Member Secretary of the State Legal
Services Authority takes up the issue with the State Government so that the
orders passed by this Court are complied with and a minimum of Rs.3,00,000/- (Rupees
three lakhs only) is made available to each victim of acid attack. From the
figures given above, we find that the amount will not be burdensome so far as
the State Governments/Union Territories are concerned and, therefore, we do not
see any reason why the directions given by this Court should not be accepted by
the State Governments/Union Territories since they do not involve any serious
financial implication. We also direct the Member Secretary of the State Legal
Services Authority to obtain a copy of the Victim Compensation Scheme from the
concerned State/Union Territory and to give it wide and adequate publicity in
the State/Union Territory so that each acid attack victim in the States/Union
Territories can take the benefit of the Victim Compensation Scheme. Insofar as the proper treatment, aftercare and
rehabilitation of the victims of acid attack is concerned, the meeting convened
on 14.03.2015 notes unanimously that full medical assistance should be provided
to the victims of acid attack and that private hospitals should also provide
free medical treatment to such victims. It is noted that there may perhaps be
some reluctance on the part of some private hospitals to provide free medical
treatment and, therefore, the concerned officers in the State Governments
should take up the matter with the private hospitals so that they are also
required to provide free medical treatment to the victims of acid attack. The
decisions taken in the meeting read as follows:
• The States/UTs will take
a serious note of the directions of the Supreme Court with regard to treatment
and payment of compensation to acid attack victims and to implement these
directions through the issue of requisite orders/notifications.
• The private hospitals
will also be brought on board for compliance and the States/UTs will use
necessary means in this regard.
• No hospital/clinic should
refuse treatment citing lack of specialized facilities.
• First-aid must be
administered to the victim and after stabilization, the victim/patient could be
shifted to a specialized facility for further treatment, wherever required.
• Action may be taken
against hospital/clinic for refusal to treat victims of acid attacks and other
crimes in contravention of the provisions of Section 357C of the Code of
Criminal Procedure, 1973.
We expect the authorities to comply with these
decisions. Although it is not made clear in the meeting held on 14.03.2015,
what we understand by free medical treatment is not only provision of physical
treatment to the victim of acid attack but also availability of medicines, bed
and food in the concerned hospital. We, therefore, issue a direction that the
State Governments/Union Territories should seriously discuss and take up the
matter with all the private hospitals in their respective State/Union Territory
to the effect that the private hospitals should not refuse treatment to victims
of acid attack and that full treatment should be provided to such victims
including medicines, food, bedding and reconstructive surgeries. We also issue
a direction that the hospital, where the victim of an acid attack is first
treated, should give a certificate that the individual is a victim of an acid
attack. This certificate may be utilized by the victim for treatment and
reconstructive surgeries or any other scheme that the victim may be entitled to
with the State Government or the Union Territory, as the case may be. In the
event of any specific complaint against any private hospital or government
hospital, the acid attack victim will, of course, be at liberty to take further
action. With regard to the banning of sale of acid across the counter, we
direct the Secretary in the Ministry of Home Affairs and Secretary in the
Ministry of Health and Family Welfare to take up the matter with the State
Governments/Union Territories to ensure that an appropriate notification to
this effect is issued within a period of three months from today. It appears
that some States/Union Territories have already issued such a notification, but,
in our opinion, all States and Union Territories must issue such a notification
at the earliest. The final issue is with regard to the setting up of a Criminal
Injuries Compensation Board. In the meeting Page 7 7 held on 14.03.2015,
the unanimous view was that since the District Legal Services Authority is
already constituted in every district and is involved in providing appropriate
assistance relating to acid attack victims, perhaps it may not be necessary to
set up a separate Criminal Injuries Compensation Board. In other words, a
multiplicity of authorities need not be created. In our opinion, this view is
quite reasonable. Therefore, in case of any compensation claim made by any acid
attack victim, the matter will be taken up by the District Legal Services
Authority, which will include the District Judge and such other co-opted
persons who the District Judge feels will be of assistance, particularly the
District Magistrate, the Superintendent of Police and the Civil Surgeon or the
Chief Medical Officer of that District or their nominee. This body will
function as the Criminal Injuries Compensation Board for all purposes. A copy
of this order be sent to learned counsel appearing for the Secretary in the
Ministry of Home Affairs and the Secretary in the Ministry of Health and Family
Welfare for onward transmission and compliance to the Chief Secretary or their
counterparts in all the States and Union Territories. Page 8 8 The Chief
Secretary will ensure that the order is sent to all the District Magistrates
and due publicity is given to the order of this Court. A copy of this order
should also be sent to the Member Secretary of NALSA for onward transmission
and compliance to the Member Secretary of the State Legal Services Authority in
all the States and Union Territories. The Member Secretary of the State Legal
Services Authority will ensure that it is forwarded to the Member Secretary of
each District Legal Services Authority who will ensure that due publicity is
given to the order of this Court. The writ petition is disposed of in the above
terms. .
.J. (MADAN B. LOKUR)
.J. (UDAY UMESH LALIT)
NEW DELHI APRIL 10, 2015
Courtesy : Supreme Of India Website
Courtesy : Supreme Of India Website
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