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LATEST NEWS UPDATES | Treat acid victims for free: SC

Treat acid victims for free: SC

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published Published on Apr 11, 2015   modified Modified on Apr 11, 2015
-The Telegraph

New Delhi: The Supreme Court today directed all government and private hospitals to provide not only first-aid, but also follow-up treatment, free to acid-attack victims.

The court said states and Union territories could take action under Section 357C of CrPC against private hospitals and clinics for refusal to treat such victims.

This section says: "All hospitals, public or private, whether run by the central government, the state government, local bodies or any other person, shall immediately provide the first aid or medical treatment free of cost to the victims of any offence covered under Section 326A (acid attack) and offences related to rape."

The section, however, does not spell out if private hospitals would be reimbursed for the treatment costs and, with the Supreme Court not clarifying this aspect, lawyers said it would remain a grey area.

Today's order was passed by a special social justice bench of Justices Madan B. Lokur and U.U. Lalit - which holds hearings every Friday - on a petition by an acid-attack victim, Laxmi, in a 2006 case.

Counsel Aparna Bhat, appearing for the victim, told the court that some private hospitals were interpreting the provisions to mean that their responsibility was limited to providing first aid and not full treatment like medicines, food, bed and other facilities.

The bench then explained the section, saying the code was not confined to first aid alone but covered the entire gamut of treatment.

In Calcutta, two prominent city hospitals indicated compliance. "We will have to abide by the Supreme Court order. There are no two ways about it. And, we fully support the order," said Pradip Tondon, chief executive officer, Belle Vue Clinic.

Rupali Basu, the CEO of Apollo Gleneagles Hospitals, said: "We have extreme sympathy for the victims of barbaric acts like acid attacks. As social citizen we should stand by them and welcome the Supreme Court judgment."

In July 2013, the apex court passed a series of directives, including regulations related to acid sales and a minimum immediate interim compensation of Rs 3 lakh for victims.

Last month, the Union home secretary and health secretary convened a meeting of states to consider steps for effective implementation of Section 357C and frame rules for payment of compensation.

On the compensation of Rs 3 lakh, fixed in the court's 2013 order, the bench was informed that most states had framed schemes for paying the relief immediately. The bench asked those that had not, to do so now.

The court also made it clear that the Rs 3-lakh sum was only the minimum. The maximum will depend on the nature of the injury suffered and the treatment costs.

The bench directed the home and health secretaries of all states to hold meetings with private hospitals and impress upon them the need to provide full treatment to acid-attack victims.

The court also asked the State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs) - comprising the district judge, the district magistrate, the superintendent of police, the chief medical officer and others - to examine each acid-attack claim and file appropriate criminal cases against the offenders.

The bench was informed that most states had issued notifications banning sale of acid across the counter. The judges asked those that had not, to do so within three months.


The Telegraph, 11 April, 2015, http://www.telegraphindia.com/1150411/jsp/nation/story_13999.jsp#.VSjcBJNr9U8


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