The Madhya Pradesh High Court found that the if the survivors are not treated properly, it may result in sepsis, septic shock, and other clinical abnormalities. (image generated using AI)Pointing out the sorry state of a government hospital where the walls of the burn unit had a “fungal” infestation with rats scurrying around, the Madhya Pradesh High Court has directed a private hospital to immediately admit a four-year-old acid attack survivor and to bear all the expenses of her medical treatment.Justice Deepak Khot was hearing an interim application filed by the guardian of the four-year-old girl, seeking her immediate shift to a super-speciality private hospital.“Taking serious objections to the said report, counsel for the petitioner has shown recent photographs of the hospital to submit that the burn ward is not properly equipped and maintained with proper hygiene as it contains fungal infection on the walls, and there are even rats, for which cages are also kept at the site. The court has seen the photographs of the burn ward and also shown them to the counsel for the state,” the court observed on 24 June. The Madhya Pradesh High Court moved the 4-year-old acid attack survivor to a private hospital over rats and fungus in the government burn unitThe petition said the child, her six-year-old brother and their mother had suffered serious burn injuries in an acid attack on May 29 and had since been undergoing treatment at the Community Health Centre in Rajpur, Barwani district, from where they were discharged on June 18 for want of adequate facilities.Courts observationsThe court analysed the evidence placed on record and noted the photos of the burn ward and found that the petitioner and other persons who suffered injury due to an acid attack require specialised treatment.It was further found that the petitioner is a minor girl of four years and her brother, who is of age six years old, are suffering from serious burn injuries.The high court noted that according to the report of the committee of doctors concerned, if they are not treated properly, it may result in sepsis, septic shock, and other clinical abnormalities.Story continues below this adIt was further directed that the hospital in which the victims of an acid attack are first treated should give a certificate that the individual is a victim of an acid attack.Without commenting on the conditions at the government hospital where the family was being treated, the court held that the petitioners were entitled to be treated at a private hospital of their choice, in line with the Supreme Court’s directions.It noted that the family had already named three private hospitals, Bombay Hospital, Apollo Hospital and CHL Hospital in Indore, and that they held an Ayushman Bharat Pradhan Mantri Jan Arogya “Niramayam Yojna” card providing cashless treatment cover of up to Rs 5 lakh.ArgumentsRepresenting the state, panel lawyer Anushka Bhargava placed on record the medical report and pointed out that the victims required specialised, long-term care and that any delay could lead to sepsis and septic shock.Story continues below this adOn the contrary, the petitioner’s counsel, advocate Shannoshagufta, argued that the recent photographs of the hospital show that the burn ward is not properly equipped and maintained with proper hygiene, as it contains fungal infection on the walls and there are even rats, for which cages are also kept at the site.She further relied on the Supreme Court’s guidelines in the case of Laxmi v Union of India, which lay down that no hospital or clinic can refuse treatment to acid attack survivors citing lack of specialised facilities, and that private hospitals are expected to extend free medical treatment covering medicines, bedding, food and reconstructive surgery.The court had earlier, considering the urgency of the matter, directed the state to get the child admitted at the Super Speciality Hospital in Indore by June 23 and asked the authorities to report whether she could be better treated at Arvindo Hospital in the same city.It was against this backdrop that the state’s report recommending the government facility came up for consideration and was contested by the family on grounds of hygiene and infrastructure.Story continues below this adDirections issued by courtDisposing of the interim application, the court directed Bombay Hospital, Indore, to admit the child immediately and begin treatment the same day.It ordered the hospital to maintain a separate account of the expenditure incurred on her treatment and barred it from demanding payment from the family directly, directing instead that costs be reimbursed through the Ayushman card.The court further directed that if the expense of any specialised surgery exceeded the insured amount, the secretary of the district legal services authority would release the balance payment immediately, subject to the outcome of the petition.The court also directed the secretary concerned to take appropriate steps for the release of funds, keeping in view the previous judgment of the Supreme Court.The high court further issued notices to the state for the remaining reliefs sought in the petition, returnable within 7 working days.(Written by Avinash Verma. Avinash is an intern with The Indian Express)