Rape committed on a girl child - Eight months’ old female child has been sexually assaulted - directed AIIMS to send two doctors to visit the child in the hospital and assess if the she can be shifted to premier medical facility.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
Writ Petition (Civil) No.76/2018
ALAKH ALOK SRIVASTAVA
Petitioner(s)
VERSUS UNION OF INDIA & ORS. Respondent(s)
Date : 31-01-2018 This petition was called on for hearing today.
For Petitioner(s) Mr. Alakh Alok Srivastava, Petitioner-in-Person Ms. Harpreet Kaur, Adv. Mr. Kedar Nath Tripathy, AOR For Respondent(s) Mr. P.S. Narasimha, ASG Mr. Tushar Mehta, ASG Ms. Pinky Anand, ASG UPON hearing the counsel the Court made the following
O R D E R
On being mentioned by Mr. Alakh Alok Srivastava, the petitioner in-person, a practicing Advocate in this Court, the matter was directed to be listed today at 2.00 p.m. It is brought to our notice that an eight months’ old female child has been sexually assaulted and is presently getting treatment in the Kalawati Saran Children’s Hospital, Connaught Place, New Delhi.
Reason: Submission of the petitioner is that when such a brutal sexual offence has taken place, the State has to show concern and appropriate treatment has to be given to the child apart from grant of compensation. He has drawn our attention to the decision rendered in Supreme Court Women Lawyers Association (SCWLA) vs. Union of India and Another (2016) 3 SCC 680. In the said case, the Court has observed:-
“In the case at hand, we are concerned with the rape committed on a girl child. As has been urged before us that such crimes are rampant for unfathomable reasons and it is the obligation of the law and law-makers to cultivate respect for the children and especially the girl children who are treated with such barbarity and savageness as indicated earlier. The learned Senior Counsel appearing for the petitioner has emphasised on the obtaining horrendous and repulsive situation.”
And again:-
“We are disposed to think so as by that age, a child, a glorious gift to mankind, cannot conceive of any kind of carnal desire in man. Once she becomes a victim of such a crime, there is disastrous effect on her mind. The mental agony lasts long. Sorrow and fear haunt forever. There is need to take steps for stopping this kind of child abuse and hence, possibly there is a need for defining the term “child” in the context of rape and thereafter provide for more severe punishment in respect of the culprits who are involved in this type of crime. In the light of the said decision, we part with the suggestion with the fond hope that Parliament would respond to the agony of the collective, for it really deserves consideration. We say no more on this score.”
As the aforesaid paragraphs would indicate, the Court had expressed its anguish and left it to the Parliament for imposition of higher punishment. Be that as it may, we have reproduced the paragraphs to express concern of this Court.
As presently advised, the young child should get all necessary treatment and special care. Keeping that in view, we have sought assistance of Mr. P.S. Narasimha, Mr. Tushar Mehta and Ms. Pinky Anand, learned Additional Solicitor Generals appearing for the Union of India. They speak in one voice that the health of the child has to be taken care of.
In view of the aforesaid situation, we direct that two competent doctors from the All India Institute of Medical Sciences (AIIMS) shall go along with special ambulance to the hospital in question and, thereafter, take a decision whether the child can be shifted to AIIMS to have better care and treatment. For the said purpose, we leave it to the two doctors, who are the experts in the field, but the concerned doctors must appreciate the concern expressed by this Court. The Secretary or any other person in-charge of Delhi Legal Services Authority shall accompany the doctors. They shall submit a report before this Court by tomorrow (01.02.2018). In case they decide that the child should be shifted, they shall shift the child immediately to AIIMS under their personal supervision and make suitable arrangements. We are sure that the parents of the child shall fully cooperate.
A copy of the order be handed over to the petitioner as well as to Mr. P.S. Narasimha, learned Additional Solicitor General, to do the needful. List the matter tomorrow (01.02.2018).
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