Supreme Court Directs Ghaziabad Hospitals To Compensate Family Of Deceased 4 Yr Old Rape Victim Who Was Denied Emergency Care

The Supreme Court on Friday asked two Ghaziabad-based hospitals to pay Rs 10 lakh and Rs 2 lakh, respectively, to the family of a four-year-old child who died following a brutal rape and murder in Ghaziabad.

The Court has also said that it will lay guidelines for hospitals and the law enforcement agencies to deal with victims of grave offences.

On the last date of hearing, the Court had slammed two private hospitals and their doctors for failing to provide timely medical care to a four-year-old rape-and-murder victim. 

Previously, the Court had directed the Commissioner of Police, Ghaziabad, and the SHO of Nandgram Police Station to appear personally. The Court expressed "complete shock" over reports that the victim was denied emergency admission by two private hospitals while still alive and that the local police subsequently assaulted the grieving family to coerce silence.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana ordered, "At the outset, we record that St. Joseph Hospital, Ghaziabad has voluntarily agreed to pay the victim's family the compensation of ₹10,00,000. Similarly, learned counsel representing Khajan Singh Manvi Health Care volunteers to pay victim compensation of ₹2,00,000 to the family of the victim's child. Let the aforesaid amount be paid through demand draft within four weeks...We are further inclined to issue some guidelines for the timely medical care and support."

Senior Advocate Hariaharan appeared for the Petitioner, while ASG Aishwarya Singh Bhati appeared for the State.

Hariharan highlighted critical lapses in the medical handling and investigation of the case. He submitted that the four-year-old victim remained alive for nearly five hours following the traumatic assault, yet failed to receive emergency medical intervention. He argued that the first hospital possessed adequate facilities but routinely transferred the victim, while the secondary multi-speciality medical centre similarly neglected to administer basic life-saving procedures.

He urged the Court to issue mandatory, binding guidelines to hold medical institutions accountable and ensure that emergency care is provided without delay or technical excuses.

Justice Joymalya Bagchi remarked that every medical institution is duty-bound under Article 21 to preserve human life. The Bench highlighted that emergency medical situations, much like cardiac incidents, require immediate care within the critical "golden window" to prevent irreversible harm.

Justice Bagchi severely reprimanded the conduct of the medical centres for failing to administer essential emergency treatment—such as basic blood transfusions or summoning specialized doctors—to a four-year-old child in a critical, haemorrhaging state before referring her elsewhere.

Senior Advocate Hariaharan also said, "My Lordship has been very kind on the State. There was dereliction of duty as far as the State is also concerned."

To which ASG Bhati said, "I want to show to your Lordships, the SHO has been suspended, disciplinary action is started against him...but I want to inform My Lordships that within 24 hours, the section was upgraded without any intervention. The first FIR is registered under only 302, but within 24 hours..."

On March 16, 2026, a neighbor allegedly lured the young victim away from her home on the pretext of buying her chocolate. When she failed to return, her family discovered her unconscious and covered in blood in a field behind a local school. What followed was a systemic failure of the medical infrastructure.

It was submitted that the child was alive at the time of discovery. However, two private hospitals refused to admit her, despite the urgency of her condition. The child was finally taken to MMG District Hospital, where she was declared dead on arrival.

Cause Title: XXXX v. State of Uttar Pradesh and Ors. [W.P.(Crl.) No. 139/2026]