Hospitals – Public And Private Are Under Obligation To Provide Free Medical Aid/Treatment To Rape Victims

A. Romen Kumar Singh *

Rally in Imphal demanding appropriate action against those involved in crime against women on 22 October 2013 :: Pix - Deepak Oinam

Violence against woman is a recurring crime across the globe and India (including Manipur) is no exception in this regard. The case at hand is the epitome of aggression against a woman and it is shocking that even with rapid modernization such crime persists in our society. Keeping in view this dreadful increase in crime against women, the code of Criminal Procedure has been specifically amended by recent amendment dated 03-02-2013 in order to advance the safeguards for women in such circumstances.

SUO MOTU WRIT BY APEX COURT ON BASIS OF NEWS ITEM.

IN RE: Indian woman Says Gang-raped on Orders of Village Court published in Business & Financial News dated 23-01-2014,
2014(4) SCALE 237 – Delivered on 28-03-2014.
3 Judges of Supreme Court.

1. The Supreme Court, based on the news item published in the Business and Financial News dated 23-01-2014 relating to the gang-rape of a 20 years old woman of Sobalpur Village, P.S. Labpur, District Birbhum, State of West Bengal on the intervening night of 20/21-01-2014 on the orders of community panchayat as punishment for having relationship with a man from a different community, by order dated 24-01-2014, took suo motu action and directed the District Judge, Birbhum District, West Bengal to inspect the place of occurrence and submit a report to the Supreme Court within a period of one week from that date.

REPORT BY DISTRICT JUDGE.

2. Pursuant to the direction dated 24-01-2014, the District Judge, Birbhum District, West Bengal along with the Chief Judicial Magistrate inspected the place in question and submitted a Report to the Supreme Court. However, the Supreme Court on 31-01-2014, after noticing that there was no information in the Report as to the steps taken by the police against the persons concerned, directed the Chief Secretary, West Bengal to submit a detailed report in this regard within a period of two weeks.

3. The Chief Secretary submitted a detailed report dated 10-02-2014 and the copies of the same were provided to the parties. On 14-02-2014 the Supreme Court directed the state to place on record F.I.R., Case Diaries, Result of the investigation/Police Report under section 173 of Cr.P.C.. After full discussions and hearing the Supreme Court held as below:-

CASTE SYSTEM IS A CURSE ON THE NATION AND THE SOONER IT IS DESTROYED THE BETTER.

The Courts and the police officials are required to be vigilant in upholding the rights of the victims of crime as the effective implementation of the provisions of the criminal law lies in their hands. In fact, the recurrence of such crimes has been taken note of by the Supreme Court in few instances and seriously condemned in the ensuing manner.

In Lata Singh v. State of U.P. (2006) 5 SCC 475 this Court, in paras.17 and 18, held as under.

17. The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them.

In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they can not give threats or commit or instigate acts of violence and can not harass the person who undergoes such inter-caste or inter religious marriage.

We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjects to threats or acts of violence, and anyone who give s such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.

HARSH PUNISHMENT SHOULD BE GIVEN TO THOSE WHO ARE INVOLVED IN HONOUR-KILLINGS FOR INTER-CASTE MARRIAGES.

The Apex Court further observed that “we sometimes hear of “HONOUR” killings of such persons who undergo inter-caste or inter-religious marriage of their own free will. There is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded persons who deserve harsh punishment. Only in this way we can stamp out such acts of barbarism. Similar view was taken in Arumugam Servai v. State of Tamil Nadu, (2011) 6 SCC 405.

Taking into account of the above law laid down by the Apex Court, it was directed as below:-

DIRECTION TO SUPSPEND D.M. AND S.P. IN THE EVENT OF HAPPENING SUCH INCIDENT.

Para.13. Hence, we direct the administrative and police officials to take strong measures to prevent such atrocious acts. If any such incidents happen, apart from instituting criminal proceedings against those responsible for such atrocities, the State Government is directed to suspend the District Magistrate/Collector and SSP/SPs of the District as well as other officials concerned and charge-sheet them and proceed against them departmentally if they do not (1) prevent the incident if it has not already occurred but they have knowledge of it in advance, or (2) if it has occurred, they do not promptly apprehend the culprits and others involved and institute criminal proceedings against them, in our opinion they will be deemed to be directly or indirectly accountable in this connection.

VICTIM COMPENSATION.

Para.17 – No compensation can be adequate nor can it be of any respite for the victim but as the state has failed in protecting such serious violation of a victim’s fundamental right, the state is duty bound to provide compensation, which may help in the victim’s rehabilitation. The humiliation or the reputation that is snuffed out can not be recompensed but then monetary compensation will at least provide some solace. In this case, the Supreme Court awards payment of Rs.5 lakhs in addition to sanctioned amount of Rs.50,000/-

Para.24.- Further, we also wish to clarify that according to section 357B, the compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A or section 376D of the IPC.

HOSPITALS TO PROVIDE FREE FIRST – AID OR MEDICAL TREATMENT TO VICTIMS OF RAPE.

Para.27 – Likewise, all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, are statutorily obligated under section 357 C to provide the first – Aid or medical treatment, free of cost, to the victims of any offence under section 326A (causing grievous hurt by using of acid etc.), 376, 376A, 376B, 376C, 376D or 376E of the IPC (Rape victim).

SUGGESTION

Although the law laid down by the Supreme Court is binding to all under Article 141 of the Constitution of India, it is incumbent upon the various Woman Organisations who are advancing for the cause and welfare of women to pursue the matter to incorporate the above proposition of law in the terms and conditions of licence for running the Hospital through the State Government, (Medical) to translate the law into action in letter and spirit.

At the same time, the Public Spirited Organisations may come up with PRO BONO PUBLICO PETITION (PIL) before the High Court of Manipur which is not adversarial but inquisitorial in character seeking a direction to be given to the State Government (Medical) to implement the law laid down by the Apex Court of India.