ALAKH ALOK SRIVASTAVA Vs. UNION OF INDIA & ORS.
LAWS(SC)-2018-5-26
SUPREME COURT OF INDIA
Decided on May 01,2018

Alakh Alok Srivastava Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

DIPAK MISRA, J. - (1.) The instant Writ Petition initially raised two issues, first, the treatment of an eight month old female child who had become a victim of a crime committed under the Protection of Children from Sexual Offences Act, 2012 (for brevity, 'the POCSO Act') and the second, speedy trial and monitoring of the trials under the POCSO Act in a child friendly court regard being had to the letter and spirit of the provisions contained in the said Act.
(2.) The first prayer was dealt with vide orders dated 31st January, 2018, 1st February, 2018 and 12th March, 2018. It is necessary to note here that regard being had to the health condition of the child, a team of doctors from the All India Institute of Medical Sciences (AIIMS) was sent to visit the patient at Kalawati Saran Children Hospital. That apart, a direction was issued to the authorities of the Delhi State Legal Services Authority to accompany the team of doctors.
(3.) A team of doctors along with the competent authority of the Delhi State Legal Services Authority examined the victim and submitted a report. The relevant part of the report reads as follows:­ "Examination revealed 8 month old female infant alert and active, sharing bed with another girl child. She was breast feeding 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 kilogram and physical appearance looks normal. Systemic examination did not reveal any abnormality. The operated perineal would 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 counseling). Team talked to family (Father & 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 counseled 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 Government of India." ;


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