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Sunday,
September 21, 2003, Chandigarh, India  
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Rights panel for blacklisting of hospital over rape
case Still opposes
death penalty The National Commission for Women
(NCW) continues to be opposed to the idea of death penalty for rapists despite low conviction rate in cases of rape. The commission is planning to bring out a national charter on women victims of crime to alter focus from criminology to
victimology. Replying to a question at a press conference here on Saturday, NCW Chairperson, Poornima Advani agreed that the conviction rate of three or four per cent in rape cases was unsettling, but ruled out a review of the commission’s stand. —
TNS New Delhi, September 2O Holding the hospital authorities responsible for dereliction of their fundamental duty, NCW Chairperson, Dr Poornima Advani told
mediapersons, “This is a serious case of medical negligence on the part of the authorities of the hospitals, who did not admit the victim on September 7. Both hospitals are culpable and liable to compensate the victim. The culpability of SM Hospital is more in view of the fact that the girl was raped on the premises of the hospital and was left unattended for a couple of hours. This appears to be a fit case for providing compensation in a civil court under law of torts and also criminal liability of medical negligence.” The commission will write to Delhi Chief Minister, Sheila Dikshit to initiate action for blacklisting SM Hospital and cancelling its licence for violating the provisions of the Delhi Nursing Home Registration Act. Other key recommendations of the commission include the victim’s professional rehabiliation, professional counselling, adequate protection by the Delhi police for the victim and members of her family, adequate protection to nurses on duty, specially on night shift, training in self-defence to nurses and admission of such cases in special wards. The NCW said irreversible loss of sight and permanent disfigurement of face had added to the trauma of the nurse, the only earning member in her family. The commission took cognizance of the matter after the victim’s father handed a petition to it. He pleaded with the commission to take up the case as his entire family had been ruined. A three-member team of the commission, led by Dr Advani and also comprising Nafisa Hussain and Baby Rani Maurya, spoke to the victim and her mother and visited the two hospitals. Mr Jaleel Ahmed, counsellor, NCW, assisted the team. Dr Advani said the Medical Superintendent of GTB Hospital, Dr D.K. Srivasatava, advised the team against meeting the victim on September 12 as they feared infection. Dr Advani wondered why the victim had been admitted to the general ward if the hospital authorities had genuine fears about her catching infection. Dr Advani said SM Hospital took nearly two hours to take the victim to the casualty for treatment. “Even then, none of the four ophthalmologists on the payrolls of the hospital could be contacted. After gynaecological examination, the victim was sent to GTB hospital alone.” The Chairperson said the the doctor in-charge of the casualty at GTB Hospital examined the victim and noted the history of alleged rape and violence. “Despite the alleged history of violence, no reference was made to the radiology department. The girl was examined by the ophthalmology department by a second-year postgraduate student and her senior. They noted that the eyeball was detached from the socket and was hanging near the lower cheek, suspended by soft tissues. There was avuslion of the optic nerve, but they did not refer her for X-ray. The head of the department of ophthalmology was not called to examine such a serious medico-legal case,” she said. |
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