MedicalNegligence – Supreme Court Rebukes Doctor Over Denial of Care to Child Victim
MedicalNegligence –The Supreme Court sharply criticized an Ayurvedic practitioner accused of refusing medical treatment to a four-year-old girl who was allegedly sexually assaulted in Ghaziabad. During the hearing on Friday, the bench expressed serious concern over the doctor’s conduct, stating that denying emergency medical assistance to an injured child reflected a complete lack of compassion and professional responsibility. The judges indicated that strict action would be taken to ensure accountability while also providing meaningful compensation to the victim’s family.
Court Expresses Strong Disapproval
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana made severe observations against the accused doctor. Addressing him directly, the Chief Justice remarked that he should no longer identify himself as a doctor if he could refuse treatment to a child brought before him in a critical condition. The court described the alleged conduct as exceptionally harsh and inhumane, emphasizing that medical professionals have an ethical and legal duty to provide immediate care during emergencies.
The bench also stated that any financial penalty imposed in the matter should have a significant deterrent effect while serving as fair compensation for the suffering endured by the victim’s family.
Petition Highlights Concerns Over Investigation
The court was hearing a petition filed by the child’s father, who alleged serious shortcomings in both the police investigation and the medical response following the incident. According to the plea, there were multiple lapses in the handling of the case, raising concerns about whether proper procedures were followed from the beginning.
The family has consistently sought a thorough and independent investigation into every aspect of the case, including the conduct of the hospitals where treatment was allegedly denied.
Earlier Directions for Independent Probe
The matter had previously come before the Supreme Court in April, when the judges described the alleged offence as extremely grave. At that stage, the court directed the Uttar Pradesh Director General of Police to constitute a Special Investigation Team (SIT) led by an officer of Inspector General or Commissioner rank.
The SIT was instructed to investigate not only the alleged crime but also the concerns raised by the victim’s family. This included examining requests related to witness protection and independently reviewing the actions of two private hospitals that allegedly declined to admit the child while she was still alive.
Allegations of Procedural Irregularities
During the proceedings, Senior Advocate N. Hariharan, representing the child’s parents, argued that there had been procedural deficiencies during the investigation. He also alleged that attempts were made to shield the private hospitals from scrutiny.
Additional Solicitor General Aishwarya Bhati, appearing in the matter for the parents, informed the bench that the investigating agency had already submitted the chargesheet, indicating progress in the criminal proceedings.
Background of the Case
According to the allegations placed before the court, the four-year-old girl was reportedly lured with chocolates on March 16 before the incident took place. She was later found in an injured condition and urgently required medical attention.
The family has alleged that two private hospitals refused to admit or treat the child despite her critical condition. She was eventually taken to a government hospital, where doctors declared her dead. The circumstances surrounding the refusal of treatment have become a significant focus of the Supreme Court’s ongoing examination alongside the criminal investigation into the alleged assault and murder.