As presently advised, the young child should get all necessary treatment and special care, the bench said.
Taking prompt notice of an unfortunate incident of a sexual assault on an 8-month-old baby girl, the Supreme Court has directed the All-India Institute of Medical Sciences (AIIMS) to send two doctors to the hospital where the baby is being presently treated to take a decision whether the child can be shifted to AIIMS to have better care and treatment.
Advocate Alakh Alok Srivastava had mentioned this matter in the morning. He brought to the notice of the court that an 8-month-old female child has been sexually assaulted and is presently getting treatment in Kalawati Saran Children’s Hospital, Connaught Place, New Delhi. He submitted before the court that when such a brutal sexual offence has taken place, the state has to show concern and appropriate treatment has to be given to the child apart from grant of compensation.
The bench headed by Chief Justice of India Dipak Misra then reproduced the following two paragraphs from the judgment in Supreme Court Women Lawyers Association (SCWLA) v Union of India and Another:
“In the case at hand, we are concerned with the rape committed on a girl child. As has been urged before us that such crimes are rampant for unfathomable reasons and it is the obligation of the law and law-makers to cultivate respect for the children and especially the girl children who are treated with such barbarity and savageness as indicated earlier. The learned Senior Counsel appearing for the petitioner has emphasised on the obtaining horrendous and repulsive situation.”
And again: “We are disposed to think so as by that age, a child, a glorious gift to mankind, cannot conceive of any kind of carnal desire in man. Once she becomes a victim of such a crime, there is disastrous effect on her mind. The mental agony lasts long. Sorrow and fear haunt forever. There is need to take steps for stopping this kind of child abuse and hence, possibly there is a need for defining the term “child” in the context of rape and thereafter provide for more severe punishment in respect of the culprits who are involved in this type of crime. In the light of the said decision, we part with the suggestion with the fond hope that Parliament would respond to the agony of the collective, for it really deserves consideration. We say no more on this score.”
The bench said: “As the aforesaid paragraphs would indicate, the Court had expressed its anguish and left it to the Parliament for imposition of higher punishment. Be that as it may, we have reproduced the paragraphs to express concern of this Court.”
Observing that the young child should get all necessary treatment and special care, the apex court bench sought assistance of PS Narasimha, Tushar Mehta and Pinky Anand, Additional Solicitor Generals, appearing for the Union of India.
The bench then issued this direction: “We direct that two competent doctors from the All India Institute of Medical Sciences (AIIMS) shall go along with special ambulance to the hospital in question and, thereafter, take a decision whether the child can be shifted to AIIMS to have better care and treatment. For the said purpose, we leave it to the two doctors, who are the experts in the field, but the concerned doctors must appreciate the concern expressed by this Court. The Secretary or any other person in-charge of Delhi Legal Services Authority shall accompany the doctors. They shall submit a report before this Court by tomorrow (01.02.2018). In case they decide that the child should be shifted, they shall shift the child immediately to AIIMS under their personal supervision and make suitable arrangements. We are sure that the parents of the child shall fully cooperate.”