New Delhi: In a significant step, the Supreme Court on Friday directed all the government and private hospitals in the country to provide first-aid and medical treatment free of cost to the victims of acid attacks.
Giving this direction, the Social Justice bench comprising Justices Madan B. Lokur and Uday made it clear that no hospital/clinic should refuse treatment citing lack of specialised facilities for the victims.
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The Social Justice bench of the Supreme Court empowered the states and Union Territories to take action against hospitals and clinics for refusal to treat victims of acid attacks and other crimes in contravention of the provisions of Section 357-C of the CrPC. The bench passed this order on a writ petition filed by an acid attack victim, Laxmi, in 2006.
Pursuant to the directions of the top court, the Union home secretary and health secretary convened a meeting of their counterparts in states/UTs in March to consider steps for effective implementation of the provisions of Section 357-C of CrPC and to explore the possibility of creation of model rules for disbursal of compensation to acid attack victims. The meeting was informed that many states/UTs had already issued directions to private hospitals to provide free medical treatment, including corrective surgery to acid attack victims. Taking note of this, the bench directed the remaining states/UTs to pass appropriate orders immediately.
When it was pointed out that some private hospitals were interpreting the provisions of Section 357-C of CrPC to state that their responsibility was limited only to the extent of stabilisation of the acid attack victim and not full treatment, the bench made it mandatory for all private hospitals to provide complete treatment, including medicines, bed and food for such victims.
On the question of payment of minimum compensation of Rs 3 lakhs to the acid attack victim, the court was informed that most of the states had framed the acid attack victim compensation scheme for paying the relief immediately. Such of those states/UTs which had not framed the scheme were directed the formulate the scheme immediately. The bench made it clear that Rs 3 lakhs was only the minimum and the maximum amount would depend on the nature of the injury sustained by the victim and treatment provided to her/him.
Considering the extent of suffering of the victim, the bench directed the state home secretary and health secretary of all states/UTs to hold meetings with private hospitals in their respective states and impress upon them to provide full treatment to the victims of acid attack as provided under Section 357-C CrPC.
To provide a mechanism for claiming monetary compensation, the bench asked the State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs), comprising the district judge, the district magistrate, the superintendent of police, the chief medical officer etc. of the state or his nominee to examine each claim of the acid attack victim and also file appropriate criminal cases against the offenders.
The bench was informed that most of the states/UTs had issued notifications banning sale of acid across the counter. The bench said such of those states/UTs, which had not banned across-the-counter sale of acid must do so within three months.
