Saturday, April 26, 2014

High Court of UP against acid attack


Chief Justice's Court 

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 68901 of 2013 

Petitioner :- Ayushi Dubey & 9 Others 
Respondent :- Union Of India Thru' Secy. & 5 Others 
Counsel for Petitioner :- Amogh Srivastava,Alankrita Singh,Aviral Agarwal,Ayushi Dubey,Pulkita Sharma,Rohan Gupta,Shruti Nagvanshi,Siddharth Shukla,Smriti Kartikey,Varsha Msj 
Counsel for Respondent :- C.S.C.,A.S.G.I./2013/8412 

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice 
Hon'ble Sanjay Misra,J. 
Sri Anil Kumar Srivastava has filed his power on behalf of the first respondent, Union of India. Let the same be taken on record. 
This petition, which has been filed in public interest, is by ten students who are students of law or, as the case may be, undergraduate students. The petitioners acted upon news reports in regard to an acid attack on a young girl and her  mother in village Machhli Gaon under Police Station Badlapur, District Jaunpur. A fact finding team of the students was formed from various law colleges in the State of Uttar Pradesh and other States of the country. The team inquired into various aspects and has prepared a report under the aegis of the Human Rights Law Network. The subject matter of the inquiry was on the following issues:- 
1. Whether the victim received proper medical care; 
2. The financial status of the victims' family; 
3. Whether the police had taken any action against the accused; 
4. The total cost incurred in the treatment, and 
5. Whether they had been assisted with any  financial aid from the government. 
In the present case, the team of students found that the victim is a member of a family of eleven members of which nine are residing in the family home. It has been alleged that the accused used to stalk the victim for nearly 11 months and proposed that she should marry him. When the victim refused, she was stopped and attacked with acid in which she and her mother have suffered acute injuries. Bills for treatment were shown to the team of the students. The victim was first taken to the local Community Health Centre and then shifted to District Hospital, Jaunpur and due to inadequate facilities in the District Hospital, she was referred to the Pragya Nursing Home Hospital at Varanasi for treatment where she has been finally admitted for treatment. The students have, in the course of enquiry, prepared an exhaustive list of recommendations both in relation to the victim in the present case and for dealing with the issues which arise out of acid attacks on women which have become a frequent occurrence. 

The students have done commendable work and their efforts need to be appreciated. 
At the initial stage, steps must be taken to ensure that due medical care is provided to the victim and to her mother. For this purpose, we direct the Chief Medical Officer, Jaunpur who is the sixth respondent to constitute a medical team of doctors and experts  to examine the condition of the victim and her mother and to make an assessment of what steps are required to be taken to ensure their treatment and rehabilitation. We direct that all the necessary measures shall be taken forthwith at the cost and expense of the State. From the report of the students, it is clear that the family is in indigent circumstances and is unable to meet the expenses of medical care. The sixth respondent shall take necessary steps to provide due treatment and shall ensure that an ambulance is made available to transport the victim and her mother from their place of residence to  the concerned hospital and for their due examination. 

A medical report shall be prepared and should be placed before this court on 6 January 2014. 
However, we direct that the sixth respondent shall not wait for further directions of the court and shall, subject to the consent of the victim and her family, take necessary steps to provide rehabilitation and other medical treatment as required in the interest of the victim and her mother. 
The court has been informed by the learned Standing Counsel that an FIR was registered in the present case and a charge-sheet has been submitted to the competent court. The court should be apprised, on the next date of hearing, of the further progress in the matter. We direct the District Judge, Jaunpur to monitor the progress in the matter and to submit his report before the Court on the status of the case by the next date of hearing. A copy of this order shall be made available by the Registrar General of this court to the District Judge, Jaunpur by facsimile immediately. 

We also direct the State Government to inform the court as to whether it has framed any scheme in accordance with the provisions of Section 357A of the CrPC. If a scheme is not framed till date, the State Government shall ensure that a scheme is framed at an early date. 

We also direct that the District Magistrate, Jaunpur (respondent no.4) shall collect, through a responsible officer, copies of the medical bills in respect of the line of treatment which has been administered to the victim and her mother, by their family. Before the next date of hearing, the fourth respondent shall, after due consideration of the expenses which have been incurred, take a final decision in regard to the  reimbursement of the expenses and payment shall be made immediately without waiting for further directions of the court. 
The matter shall stand over for further hearing to 6 January 2014. 
Order Date :- 16.12.2013 
(Dr. D. Y. Chandrachud,C.J.) 

(Sanjay Misra,J.) 

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