Telangana High Court
Sanober Ulla Khan,Hyderabad vs The Uinon Of India And Another on 27 December, 2023
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.27712 of 2008
ORDER:(Per the Hon'ble the Chief Justice Alok Aradhe) Ms. L.Pranathi Reddy, learned counsel representing Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India for respondent No.1.
2. In this writ petition which has been filed as public interest litigation, a direction has been sought to Union of India to take necessary steps for implementing the guidelines of the scheme for welfare of acid attack victims.
3. The Supreme Court in Laxmi v. Union of India 1 issued several directions which are extracted below for the facility of reference:
1 Writ Petition (Crl.) No.129 of 2006 ::2::
i. The States/Union Territories will take a serious note of the directions issued by the Supreme Court with regard to treatment and payment of compensation to acid attack victims and to implement the directions.
ii. The private hospitals will be brought on board for compliance and States/Union Territories will use necessary means in this regard.
iii. No hospital/clinic should refuse treatment citing lack of specialized facilities. iv. First-aid must be administered to the victim and after stabilization, the victim could be shifted to a specialized facility for further treatment, wherever required.
v. Action may be taken against hospital/clinic for refusal to treat victims of acid attacks and other crimes in contravention of the provisions of Section 357C of the Code of Criminal Procedure, 1973.
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4. In the light of directions contained in the order dated 10.04.2015 passed by Supreme Court in Laxmi v. Union of India (supra), the Supreme Court has issued directions on 20.04.2015, which inter alia provide for:
i. No acid attack victim will be denied treatment by any hospital, public or private under any pretext and any erring hospital/clinic violating the legislative provisions should be dealt with sternly. ii. The administrative machinery of the States/Union Territories will ensure treatment of acid attack victims.
iii. Full and free treatment to be provided to the acid attack victims.
iv. Minimum compensation of Rs.3.00 lakhs must be provided to acid attack victim under Victim Compensation Scheme.
5. By virtue of Criminal Law (Amendment) Act, 2013, specific provisions with regard to acid attack namely ::4::
Section 326A and 326B of the Criminal Law (Amendment) Act, 2013 have been incorporated.
6. In compliance of the aforesaid directions issued by the Supreme Court, the Central Government has issued an order dated 09.11.2016, by which all the State Governments as well as Union Territories had been directed to ensure implementation of Central Government Victim Compensation Fund Scheme to help women victims for various crimes committed against them including rape, acid attacks, crime against children, human trafficking etc. The aforesaid order further directs payment of an additional financial assistance to the tune of Rs.1.00 lakh over and above the amount provided under the Victim Compensation Scheme. The aforesaid additional amount of Rs.1.00 lakh has been directed to be provided under the Prime Minister's National Relief Fund.
7. In view aforesaid, the State of Telangana is directed to adhere to the guidelines formulated by the Central Government in case of acid attack victims.
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8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ ANIL KUMAR JUKANTI, J Date: 27.12.2023 KL