(2018) 5 SCC 652
Order dated 1-2-2018
(Before Dipak Mishra, C.J. and A.M. Khanwilkar and Dr D.Y. Chandrachud, JJ.)
Writ Petition (Civil) No. 76 of 2018
1. In pursuance of our order passed on 31-1-2018 WP (C) No. 76 of 2018, a team of doctors from Aiims had visited Kalawati Saran Children's Hospital. They have filed a report, which is as follows:
“In compliance to Supreme Court order WP (C) No. 76 of 2018 dated 31-1-2018, team from Aiims, New Delhi consisting of Dr Ashok K. Deorari, Head Department of Pediatrics; Dr Devendra Kumar Yadav, Assistant Professor of Pediatrics Surgery & Dr Rajesh Kumari, Assistant Professor of Gynaecology visited Kalawati Saran Children Hospital at 5.30 p.m. Shri Sanjeev Jain, Member-Secretary and Shri Naveen Gupta, Delhi State Legal Services Authority along with Ms Ruchika Singla, Secretary, North-West District Legal Services Authority were also present.
Team was briefed by Prof. Archana Puri & Dr Vikram Khurana, the treating surgeons. Infant underwent successful surgery on Monday dated 29-1-2018, perineal injury was repaired and diverting colostomy was done. At present the infant is on oral feeds and colostomy and perineal wound look healthy with Foley's catheter in situ.
Examination revealed 8 month old female infant, alert and active, sharing bed with another girl child. She was breastfeeding with normal vital signs (HR 120/min, respiratory rate 32/min, no distress, saturation 98% on room air, temperature 36.8 C). Her weight was 5.6 kg and physical appearance looks normal. Systemic examination did not reveal any abnormality. The operated perineal wound was looking normal and the colostomy was healthy.
Overall the child looks stable and recouping following surgery. The surgical wound will need regular aseptic dressings and further management will be done as per need. In view of providing holistic care, the team felt that the child may be shifted to Aiims under care of Pediatrics Surgery, Pediatrics & Obstetrics Department with support from Psychiatry (for parenteral counselling). Team talked to family (father and mother), took consent for transfer of child under care by Aiims team which they agreed but were worried and concerned about child's health. Father was counselled and given assurance for providing best care. Being less than one year age all medical expenses will be exempted at Aiims under Janani Shishu Suraksa Yojana of the Government of India.
The child was shifted under supervision by an ambulance of Kalawati Saran Children Hospital along with resident doctor with Aiims Pediatrics Surgeon. Child got admitted in Pediatrics Surgery ward in isolation room at 7.30 p.m. on 31-1-2018 for further management.”
2. The Member-Secretary, Delhi State Legal Services Authority, has also filed the status report. The relevant part of the report is as follows:
“That, in compliance to the aforesaid directions, a visit was made to Kalawati Saran Children's Hospital, New Delhi on 31-1-2018 by team of doctors from All India Institute of Medical Sciences headed by Dr A.K. Deorari besides undersigned, Additional Secretary, Dslsa and Secretary, North-West DLSA.
That, after medical check-up of the child and discussions with the doctors of Kalawati Saran Hospital, it was decided by the team of the doctors to shift the child to Aiims for better facilities and treatment and accordingly the child was shifted to Aiims in the evening time of 31-1-2018 through an ambulance.
That, the detailed medical report of the child would be filed before the Hon'ble Court by Aiims.
That, in the instant case, as per report received from DLSA concerned, it has stated that vide order dated 30-1-2018 by the Court of Ld. Additional Sessions Judge, Rohini Court an interim compensation of Rs 75,000 has been awarded in accordance with Delhi Victim Compensation Scheme, 2015. After completion of necessary formalities i.e. bank account, etc. the amount of the said interim compensation would be disbursed immediately through RTGS.
That, it is submitted that DLSA Secretary, North-West has also visited at Kalawati Saran Hospital and met the parents of the child in the morning of 31-1-2018 and apprised them of their legal rights qua Delhi Witness Protection Scheme, 2015, Delhi Victim Compensation Scheme, 2015, etc. It is also submitted that Legal Services Advocate of DLSA has been appointed for providing legal aid in the matter.”
3. It is next submitted by the petitioner appearing in person that there should be speedy disposal of the cases registered under the Protection of Children from Sexual Offences Act, 2012 (for brevity “the Pocso Act”).
4. The petitioner-in-person shall file a chart containing data with regard to the cases pending at various places so that this Court can take a holistic view of the matter. The petitioner shall also indicate in the chart the reasons for delayed disposal of the proceedings initiated under the Pocso Act.
5. Mr P.S. Narasimha and Ms Pinky Anand, learned Additional Solicitors General shall also apprise this Court as to what should be the appropriate time-limit for the disposal of the cases under the Pocso Act regard being had to the various degrees of offences provided under the Act and the gravity of the offences, for the victim is a child.
6. Let the matter be listed on 12-3-2018.
(2018) 5 SCC 654
Order dated 12-3-2018
(Before Dipak Mishra, C.J. and A.M. Khanwilkar and Dr D.Y. Chandrachud, JJ.)
Writ Petition (C) No. 76 of 2018
7. It is submitted by Ms Pinky Anand, learned Additional Solicitor General that the infant has already been discharged, but she is required to undergo another surgery, which has been fixed for 17-4-2018.
8. At this juncture, a submission has been advanced on behalf of the petitioner that there are many cases under the Protection of Children from Sexual Offences Act, 2012 (for brevity “the Pocso Act”), pending for adjudication and the time-limit provided in the Pocso Act is not followed.
9. Keeping the above submission in view, it is thought appropriate to direct the Registrars General of all the High Courts to send intimation to the Registry of this Court about the pendency of the cases instituted under the Protection of Children from Sexual Offences Act, 2012 and the status of those cases. The Registrar General shall be well advised to constitute a team, if he feels appropriate, after obtaining directions from the learned Chief Justice of the High Court and prepare the data district-wise.
10. Let the data be provided to the Registry of this Court within four weeks hence. The Registry is directed to communicate the order passed today along with the order dated 1-2-2018, to the Registrars General concerned of the High Courts so that they can be made aware of the sensitive nature of situation and prepare the data and send it to the Registry of this Court.
11. Let the matter be listed on 20-4-2018.