The Supreme Court on Friday sharply criticised a private hospital and one of its doctors for allegedly refusing emergency treatment to a four-year-old girl who was later found to be a victim in the Ghaziabad rape and murder case. Calling the alleged conduct “merciless”, “ruthless”, and “insensitive”, the court questioned the doctor’s professional ethics and warned the hospital of the serious consequences of such actions.
The observations came as the top court continued hearing the case, which has already drawn scrutiny over the police investigation and the medical response following the child’s death. The bench indicated that the matter is likely to be taken up again next week, preferably on Tuesday.
Supreme Court questions doctor’s conduct
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, told counsel appearing for the private hospital that doctors have a duty to ensure emergency care is provided, irrespective of a patient’s financial condition or the facilities available at their hospital.
“You have no business of writing ‘doctor’ with your name if you don’t perform your duty. If you had sensitivity, you would have gone with the child to another hospital if you didn’t have the facility. You ignored because she was poor? Couldn’t afford your fee?” the bench said.
The court observed that a doctor confronted with such a situation was expected to make sure the child received immediate medical assistance.
“A child victim of such a heinous crime is brought before you, and you are so merciless that you did not provide medical care. If you had any empathy, you would have taken her to the hospital yourself,” the Chief Justice remarked.
The bench also cautioned the hospital over the consequences of its alleged conduct.
“If we impose a penalty, it will have a chilling effect. You have acted in the most ruthless manner,” the court observed.
Emergency treatment under scrutiny
During the hearing, the court was informed that before the child reached a government hospital, two private hospitals had allegedly refused to admit her or provide emergency treatment despite her critical condition.
The alleged denial of medical assistance during what the court described as the child’s “golden hour” became the central focus of Friday’s proceedings.
Court had earlier flagged police investigation
The Supreme Court has, in earlier hearings, also expressed serious concern over the handling of the investigation by the Ghaziabad Police.
It had questioned delays in registering the FIR and noted that the case was initially investigated only as a murder despite post-mortem findings indicating injuries to the child’s private parts. According to the court, rape and offences under the Protection of Children from Sexual Offences (POCSO) Act were added only later.
The bench had directed the Ghaziabad Commissioner of Police and the Station House Officer of Nandgram Police Station to appear personally before it and explain the sequence of events. It had remarked that there appeared to be a “hush-hush approach” in the investigation and observed that no proper inquiry had been conducted initially.
The court had also pointed to deficiencies in the medical and forensic process. It noted that the inquest report did not record whether the child was clothed when she was found, despite mentioning bleeding injuries to her private parts. It also questioned aspects of the post-mortem examination, saying crucial issues relevant to allegations of sexual assault had not been adequately addressed.
Senior Advocate N Hariharan, appearing for the victim’s father, had further submitted that the family was allegedly intimidated after the incident. The bench recorded allegations that family members were wrongfully confined, assaulted and pressured to remain silent, resulting in their loss of faith in the local police.
The matter is expected to be heard again next week.