Supreme Court Allows Disabled Rape Survivor To Seek Medical Care From AIIMS

The Supreme Court recently issued notice to the Union Government and directed that the petitioner, who is a physically challenged woman and who was brutally gangraped, to seek immediate medical treatment at the All India Institute of Medical Sciences, New Delhi,  or any suitable hospital.

"In case, learned senior counsel for the petitioner seeks immediate medical attention for the petitioner herein, then the respondent(s) will assist the petitioner/petitioner's counsel in seeking immediate medical treatment, if necessary, by getting the petitioner admitted in AIIMS, New Delhi or any other suitable hospital."

A bench of Justice BV Nagarathna and Justice Satish Chandra Sharma passed the order. The petitioner was represented by Senior Advocate Shobha Gupta. Additional Solicitor General Aishwarya Bhati, appeared for the Union, and Additional Advocate General Shadan Farasat appeared for the State of Punjab.

In this case, a petition has been filed seeking immediate access to adequate and free medical care and treatment for the petitioner, who is a physically disabled person. As per the brief facts, during her treatment involving a burn incident, she sought shelter and medical aid from the Khambra Church in Jalandhar. She booked an online cab to shift from the civil hospital, where she was being treated for the burn injuries, to the Church.

It is the case of the petitioner that the cab driver continued to stalk her afterwards and ultimately raped her and there are allegations of gangrape, sexual abuse as well. She was also subjected to illegal confinement as the accused took her from the Church to different places and continued to sexually abuse her there. 

The petitioner was rescued by a One Stop Centre, Civil Hospital and a first information report was registered against the accused person under Section 376 of the Indian Penal Code, 1860. 

After the trial, the accused was convicted by the Fast Track Court and was sentenced to 10 years' rigorous imprisonment. The convict has filed an appeal before the High Court of Punjab and Haryana, wherein notice has been issued and the same is pending for consideration. 

The present petition seeks statutory entitlement available to rape survivors under the Punjab Victim Compensation Scheme, 2017. Since the petitioner now resides in Delhi, it is prayed that all medical treatment and rehabilitation of the petitioner be done in Delhi, with the help of the Delhi Legal Services Authority.

Given her permanent physical disability, extreme sexual violence, prolonged trauma and social abandonment suffered by the petitioner, it is also sought that she is entitted not only to the maximum compensation under the 2017 Scheme but also monthly financial assistance to meet her continuing expenses related to medical care, nutrition, caregiver support and shelter.

"this matter highlights the non-compliance with the Rights of Persons with Disabilities Act, 2016, which recognizes the right of persons with disabilities to equality, non-discrimination, dignity, and access to justice. The Act mandates specific accommodations, healthcare, protection from abuse, and rehabilitative support for women with disabilities. The Act also requires that justice processes be made accessible and inclusive, which did not occur during the investigation or trial stages in this case."

Case Details: XYZ v. UNION OF INDIA & ANR.|Writ Petition(s)(Criminal) No(s). 224/2025

Appearances: Ms. Shobha Gupta, Sr. Adv.; Ms. Namrata Mohapatra, Adv.; Ms. Achalika Ahuja, Adv.; Mr. Dhiraj Abraham Philip, AOR