Orissa High Court: Asks State About Free Medical Care for Acid Attack Victims

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The Orissa High Court has sought information from the state government regarding the provision of free medical care for acid attack victims. The decision ensures that victims of acid attacks receive necessary medical treatment and surgeries without financial burden.

Cuttack: The Orissa High Court has inquired about the measures taken by the State Government for medical assistance, particularly plastic surgery, for acid attack victims. The application was filed under Section 389 of the Criminal Procedure Code (CrPC) in order to grant bail to the accused.

Justice S.K. Sahoo, presiding over a single bench, directed the state’s counsel to ascertain the provisions made by the Odisha government for medical treatment, specifically plastic surgery, for acid attack survivors. Advocate B.S. Dasparida represented the petitioner, while Additional Government Advocate Arupananda Das represented the respondent.

“Having regard for the aforesaid directions issued by the Hon’ble Highest Court, let the learned counsel for the State obtain instruction as to what sort of provisions have been made by the Govt. of Odisha to provide medical treatment, particularly plastic surgery, to the acid attack victims.”
-A Single Bench of Justice S.K. Sahoo said

The background of the case was a victim whose photograph exhibited severe disfigurement due to an acid attack. Recognizing the urgent need for medical intervention, particularly plastic reconstructive surgery, the High Court referred to directives from the Supreme Court’s ruling in Laxmi v. Union of India (2016), emphasizing the importance of proper treatment, aftercare, and rehabilitation for acid attack victims.

Consequently, the Court mandated the victim’s examination by a medical team at S.C.B. Medical College and Hospital, Cuttack (S.C.B.M.C.H.). If the hospital could provide plastic reconstructive surgery, it must be administered promptly and free of charge.

“The Superintendent of Police, Jagatsinghpur, shall submit a report regarding medical treatment along with a copy of the report of the Superintendent of the S.C.B.M.C.H. on the next date.”
It was also directed.

“The victim will be produced before the Superintendent of S.C.B. Medical College and Hospital, Cuttack (hereafter for short, ‘S.C.B.M.C.H.’) and she will be examined by a team of doctors formed by the Superintendent of S.C.B.M.C.H., and if proper facilities for her treatment are available, so far as plastic reconstructive surgery is concerned, then the same has to be immediately provided to her free of charge.”
-Further, the court ordered

In cases where the hospital lacked such facilities, the court was instructed to arrange treatment either within the state or elsewhere in government or private hospitals. Additionally, the Superintendent of Police, Jagatsinghpur, was directed to furnish a medical treatment report, including the S.C.B.M.C.H. Superintendent’s findings, at the next hearing. The High Court scheduled the matter for the week beginning February 26, 2024.

CASE TITLE: Bapi v. Santosh Kumar Bedant v. State of Odisha

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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