Supreme Court directs medical treatment for Disabled Rape Survivor

New Delhi: Taking note of a woman’s permanent physical disability and the extreme sexual violence she endured, the Supreme Court has directed the Union Government to ensure she receives immediate medical treatment. The 34-year-old survivor, who was brutally gangraped and is now paralysed below the neck, must be urgently admitted to the All India Institute of Medical Sciences (AIIMS) in New Delhi or any other suitable medical facility.

A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma passed the order, noting that if the petitioner’s senior counsel seeks medical attention, then the authorities must promptly facilitate her admission.  

Senior Advocate Shobha Gupta was representing the petitioner, while Additional Solicitor General Aishwarya Bhati appeared for the Union Government, and Additional Advocate General Shadan Farasat represented the State of Punjab. 

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According to a latest media report by TNIE, the victim is a wheelchair-bound neck down paralysed woman, who was brutally raped, gangraped, tortured and illegally confined for seven-months. Her counsel stated her condition as 'barbaric and inhuman.'

The woman had already been partially disabled when she first came in contact with the accused. Her condition worsened after the incident, as she was subjected to prolonged sexual violence and confinement, resulting in complete paralysis below the neck.

Describing her condition, Gupta said, “The dehumanising sexual slavery and brutality subjected to the petitioner further aggravated her medical condition and she has become paralysed below the neck, with only minor sensation in her fingers. The acts of extreme sexual violence committed on the petitioner by the accused have left her in a state of irreversible physical disability, emotional trauma, and social destitution."

To seek justice, free and adequate medical treatment, financial assistance, and rehabilitation, the woman moved the apex court after passing through the doors of the Delhi High Court. In her petition, she also sought her entitlements under the Punjab Victim Compensation Scheme, 2017, and the Rights of Persons with Disabilities Act, 2016. 

It is to be noted that the Delhi HC on May 23 also passed a similar order to the petitioner as the apex court. It directed the government to admit her to the AIIMS, New Delhi, for urgent medical treatment and care.

Background of the case

According to the petitioner, the ordeal began during her treatment for burn injuries. While seeking shelter and medical help at the Khambra Church in Jalandhar, she had booked an online cab to shift from the civil hospital to the church. The cab driver who picked her up allegedly began stalking her soon after.

He later raped her and and there are allegations of gangrape, sexual abuse as well. She was forcibly taken from the church to multiple locations, where she remained in illegal confinement for seven months. During this period, she was subjected to inhuman torture and sexual abuse. 

The petitioner was rescued by a One Stop Centre, Civil Hospital and a first information report was registered against the accused person under Section 376 of the Indian Penal Code (IPC), 1860.

After the trial, the accused was convicted by the Fast Track Court and was sentenced to 10 years' rigorous imprisonment. The convict has filed an appeal before the High Court of Punjab and Haryana, wherein notice has been issued and the same is pending for consideration.

Court observations

Observing the case thoroughly and taking note of the petitioner's condition, Division Bench of Justice BV Nagarathna and Justice Satish Chandra Sharma allowed the petitioner to seek immediate medical treatment at the All India Institute of Medical Sciences, New Delhi, or any suitable hospital.

"In case, learned senior counsel for the petitioner seeks immediate medical attention for the petitioner herein, then the respondent(s) will assist the petitioner/petitioner's counsel in seeking immediate medical treatment, if necessary, by getting the petitioner admitted in AIIMS, New Delhi or any other suitable hospital," said the bench as reported by Live Law. 

Given her permanent physical disability, extreme sexual violence, prolonged trauma and social abandonment suffered by the petitioner, it is also sought that she is entitted not only to the maximum compensation under the 2017 Scheme but also monthly financial assistance to meet her continuing expenses related to medical care, nutrition, caregiver support and shelter.

"This matter highlights the non-compliance with the Rights of Persons with Disabilities Act, 2016, which recognises the right of persons with disabilities to equality, non-discrimination, dignity, and access to justice. The Act mandates specific accommodations, healthcare, protection from abuse, and rehabilitative support for women with disabilities. The Act also requires that justice processes be made accessible and inclusive, which did not occur during the investigation or trial stages in this case," observed the court. 

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