In a recent events in India, a former employee of Deen Dayal Upadhyay Hospital, Delhi has been sentenced to five years of imprisonment for sexually assaulting a differently-abled woman in October 2021. The case, which has been ongoing in court for three years, highlighted significant issues regarding safety and trust in medical environments.
In October 2021, the woman visited the hospital to obtain a disability certificate. During her X-ray procedure, the accused violated her privacy by inserting his finger into her private parts, causing severe injuries and rupturing her hymen. The court underscored that this case not only represents a grave violation of a woman's safety in public places but also undermines patient trust in medical professionals.
It has not been the case that the convict was in a state of mental stress or compulsion. The offence was a breach of the victim’s privacy, especially given her physical challenges.
Aanchal, Judge
The court noted that while current laws lack clear guidelines for sentencing, the punishment should be such that it ensures the crime is not left unpunished and that both the victim and society feel justice has been served. It was emphasized that the crime committed by the accused was an egregious breach of the woman's privacy and not the result of any mental health issues.
Certainly, rape is one of the most heinous crimes which degrades and defiles the soul of the victim. It shatters the personality and self-confidence of the victim, but the offence here has also given a blow to moral values and trust that a patient/person visiting has in medical professionals, practitioners and technicians,
Aanchal, Judge
In determining the sentence, the court considered several factors. The accused, now 53 years old, had already lost his job at the hospital. He spent a year in pre-trial detention without any misconduct and continued to appear in court regularly after being released on bail. These factors were taken into account in the sentencing decision.
Ultimately, the court sentenced the accused to five years of imprisonment and imposed a fine of ₹5,000. This decision reflects the court's effort to balance justice for the victim with considerations of the accused's circumstances and behaviour during the trial. The convict was found guilty under section 376-C of the Indian Penal Code, which deals with sexual intercourse by a person in authority.
(Input from various sources)
(Rehash/Yash Kamble/MSM)
