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New Delhi: The Supreme Court has directed two private hospitals to pay a total compensation of Rs 1.2 million to the family of a four-year-old rape victim from Ghaziabad who died due to lack of timely treatment. Terming it “gross negligence” on the part of the hospitals, the court said every hospital has a constitutional obligation to provide immediate medical assistance to victims of serious crimes.

A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana said the case highlights a worrying gap between the safety provisions in the law and their actual implementation. The court indicated that comprehensive guidelines would be issued for hospitals and investigating agencies to prevent such incidents in the future.

Two hospitals will have to pay compensation within four weeks

The Supreme Court ordered St. Joseph (Mariam) Hospital to pay Rs 10 lakh to the victim’s family and Khajan Singh Manvi Health Care to pay Rs 2 lakh to the girl’s father within four weeks.

SIT report: The girl was alive for five hours

Citing the Special Investigation Team (SIT) report, the court said that despite severe injuries, the girl was alive for about five hours but did not receive timely emergency medical care. According to the report, her life could have been saved if she had received immediate treatment.

The incident took place in March

The case relates to the alleged rape and murder that occurred in Ghaziabad on March 16. It is alleged that a neighbor lured the girl away. According to family members, the girl was found unconscious and bleeding profusely. She was initially taken to two private hospitals, but they refused treatment. Later, upon arrival at a government hospital, doctors declared her dead.

‘This is clear negligence on the part of the hospitals’

Senior advocate N. Hariharan, representing the victim’s family, told the court that both hospitals had adequate facilities to stabilize the girl, but neither called emergency physicians nor provided life-saving treatment. He argued that this was a clear case of negligence on the part of the hospitals and that timely treatment could have saved the girl’s life.

Questions were also raised on the police investigation

The hearing also raised the issue of alleged flaws in the police investigation. The court was told that there was a delay of nearly 30 hours in filing the FIR and that only murder charges were invoked despite initial indications of a sexual offence.

SC said – there is a huge difference between the law and its implementation on the ground

The Supreme Court stated that under Article 21 of the Constitution, every hospital is obligated to provide treatment without delay in any emergency. The bench noted that in cases of serious crimes, victims are often treated with extreme insensitivity and inhumaneness. The court also emphasized the need for regular training and sensitization programs for police personnel to ensure humane treatment of victims.