'You ignored because she was poor?': Supreme Court lambasts doctor for denying care to 4-year-old rape victim

The three-judge bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana also questioned the doctor and the hospital’s empathy.

The Supreme Court on Friday heavily reprimanded a private Ayurvedic doctor and a hospital from Uttar Pradesh's Ghaziabad over their alleged failure to provide medical assistance to a four-year-old rape victim, questioning if the child was ignored as she came from a poor family.

The three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana also questioned the doctor and the hospital’s empathy and directed them to consider paying compensation to the bereaved family. Expressing anguish over the conduct of the medical professionals, the CJI questioned the doctor’s right to use the title if he failed to discharge his basic duty.

“You have no business 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 was quoted by LiveLaw as saying.

The apex court was hearing a plea filed by the child’s father alleging serious lapses in the investigation and the medical response following the incident, which happened in March this year. The bench also rebuked the Ayurvedic doctor for allegedly refusing to provide primary medical care to the child.

“A child 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 told the doctor.

The Bench similarly censured the private hospital where the child was taken, observing that its conduct had been “most ruthless."

“When we impose a penalty, it will have a chilling effect. Think of victim compensation and grant reasonable compensation to the family. You have acted in the most ruthless manner," the court told the hospital, while suggesting that it voluntarily compensate the victim’s family.

The bench warned the hospital that if it failed to compensate the family, it would consider imposing costs.

The case before the Supreme Court was about the alleged rape and murder of a four-year-old girl in Ghaziabad on March 16. According to the allegations, the child was taken away by a neighbour on the pretext of buying chocolates.

The child’s family began searching after she did not return. During the search, the kid was found unconscious and covered in blood.

The plea in the apex court alleged that two private hospitals refused to admit the child before she was eventually taken to the Ghaziabad district hospital, where doctors declared her dead.

The Supreme Court had earlier heard the case in April and ordered an SIT probe into the matter. The court had observed at the time that there appeared to be “complete indifference and insensitive approach" on the part of two private hospitals as well as the local police.

“The most shocking part of the alleged offence is that it exhibits complete indifference and insensitive approach of two private hospitals as well as the local police," Chief Justice Surya Kant had observed while directing the investigation.

The case will now be taken up again next week.

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