Srinagar: The J&K High Court on Tuesday directed state government to pay the expenditure incurred by Nowshehra acid attack victim for treatment.
The court also directed that for her future treatment, the victim shall forward treatment sheets and bills to Principal Secretary, Home Department, J&K who shall ensure expeditious payment to the victim.
The court while hearing the case of a 21-year-old Law student who was injured when car-borne youth attacked her with acid outside her college in Nowshehra area of Srinagar on December 1, 2014 directed state government to pay an amount of Rs 6,98,241 to the victim’s father which he has spent for corneal transplantation surgery of her daughter.
The court recorded that there is no corneal transplantation facility available in the state of J&K.
The court further directed government to pay additional amount of Rs 7 lacs to the victim for facial reconstruction.
“It cannot be denied that in the light of the liberty granted by this court on 29 April, 2015, the victim of acid violence is entitled to get medical expenses for further treatment as guaranteed under the constitution. In view of this, the victim is entitled to all further expenses which she has incurred after 29 April,2015 or would be incurred by her in future for the treatment,” the Court said.
Earlier, Court had directed for verification of the medical bills and treatment sheets to which petitioner counsel Mian Tufail informed the court that the Registry of High Court has received verification of the same from Apollo Speciality Hospital and Sankaran Nethrlaya hospital, Chennai. The petitioner counsel further stated that government has not paid the amount incurred by victim for treatment.
While on other hand, State Counsel B A Dar submitted before court that the victim has not been referred by any hospital in the state. He further stated that the victim has already been paid due amount.
The court observed to State Counsel that the trauma which an acid victim goes is full of miseries and state has every responsibility to provide all the medical facilities as well as bore the expenditures.
CJ, Gita Mittal noted and remarked that state lacks corneal transplant facility as such the patients of acid violence have to be treated somewhere else where the treatment is available.
The division bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar noted in the order that expenditure incurred by the victim for treatment has to be given to her and for her future treatments, the state is bound to pay for her treatment.
The court also gave liberty to the parties to oppose the order passed today in case they wish to.
Earlier, an application was moved before court by Senior Counsel Mian Qayoom stating that in view of non-availability of cornea transplantation in the department of ophthalmology in SKIMS Medical College Bemina, the victim was compelled to move to a Chennai hospital wherein she was operated, later on the victim had to undergo three more surgeries for which a total cost of Rs 6 lacs, 98 thousand and 241 rupees including air fare was costed. Besides this, the victim has been told that an additional amount of at least 7 lac rupees will be needed by her for facial reconstruction surgeries.
On 24 August 2018, the court had ruled that acid violence victims are subjected to compensation and liable to get paid for their treatment under constitutional right.