Union Government Directed to Admit Victim to AIIMS or Suitable Facility for Urgent Treatment
New Delhi: The Supreme Court has taken serious cognizance of a 34-year-old woman’s permanent physical disability and the extreme sexual violence she endured, directing the Union Government to ensure her immediate admission for medical treatment. The survivor, who was brutally gangraped and is now paralyzed below the neck, must be admitted to the All India Institute of Medical Sciences (AIIMS), New Delhi, or an appropriate medical facility without delay.
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma passed the order, emphasizing that if the petitioner’s senior counsel requests urgent medical care, authorities must facilitate her admission promptly.
Victim’s Harrowing Ordeal and Condition
According to reports, the woman was wheelchair-bound and paralysed from the neck down after enduring brutal gangrape, torture, and illegal confinement for seven months. She had a partial disability prior to the incident, which worsened drastically due to the prolonged sexual violence and trauma. Senior Advocate Shobha Gupta, representing the petitioner, described her condition as “barbaric and inhuman,” highlighting her irreversible physical disability, emotional trauma, and social destitution.
The victim had sought justice and medical aid through the courts, moving from the Delhi High Court to the Supreme Court. She also demanded her entitlements under the Punjab Victim Compensation Scheme, 2017, and the Rights of Persons with Disabilities Act, 2016.
Background of the Case
The victim’s ordeal began while she was receiving treatment for burn injuries and staying at Khambra Church in Jalandhar. After booking an online cab to relocate from the hospital to the church, the cab driver began stalking her and subsequently raped her. She was then forcibly confined for seven months across multiple locations, during which she suffered repeated sexual abuse and torture.
The accused was convicted by a Fast Track Court and sentenced to 10 years’ rigorous imprisonment. The convict has appealed the sentence in the Punjab and Haryana High Court, where the case is still pending.
Court’s Observations and Directives
The Supreme Court bench ordered that the petitioner be allowed immediate medical treatment at AIIMS or any suitable hospital, instructing authorities to assist in expediting her admission if requested by her legal counsel.
Recognizing the severity of her disability and trauma, the court underscored that the petitioner is entitled to maximum compensation under the Punjab Victim Compensation Scheme, 2017, alongside monthly financial assistance to cover medical expenses, nutrition, caregiver support, and shelter.
The bench also highlighted serious non-compliance with the Rights of Persons with Disabilities Act, 2016, which guarantees persons with disabilities the right to dignity, equality, protection from abuse, and accessible justice — all of which were reportedly lacking during the investigation and trial stages in this case.
