Supreme Court Issues Notice In Plea By 33-Yr Old Paralysed Rape Survivor; Allows Access To Urgent Medical Care

The Bench of Justice BV Nagarathna and Justice Satish Chandra Sharma permitted the petitioner’s counsel to serve advance copies of the petition to Additional Solicitor General (ASG) Aishwarya Bhati appearing for the Union of India (respondent no.1), and Additional Advocate General (AAG) Shadan Farasat representing the State of Punjab (respondent no.2).

Taking note of the petitioner’s dire health condition, the Court observed that if immediate medical attention is required, the concerned respondent authorities must assist the petitioner or her legal counsel in securing appropriate treatment.

The Bench directed that, if necessary, the petitioner may be admitted to AIIMS New Delhi or any another suitable hospital with the assistance of the authorities.

About the Petition

The Writ Petition, filed under Article 32 read with Order XXXVIII of the Supreme Court Rules, 2013, details horrifying allegations of sustained rape, gangrape, and torture inflicted upon the petitioner between August 2021 and March 2022 while she was completely paralysed from the neck down and suffering from severe burn injuries.

The Petition has been filed through AOR Dhiraj Abraham Philip.

The woman had initially been hospitalised for 17 months across Punjab for burn treatment before falling victim to the accused, who allegedly abducted and held her in illegal captivity.

According to the petition, the accused repeatedly raped the petitioner while her vaginal burn wounds were still healing, depriving her of any access to medical care or contact with the outside world. The petitioner now suffers from near-total paralysis, vision impairment, loss of speech, and requires 24-hour care. Her condition has reportedly worsened due to lack of treatment during her captivity.

An FIR was registered in 2023 (No. 81/2023), and the accused was convicted by the Fast Track Court, Hoshiarpur, and sentenced to 10 years’ rigorous imprisonment. He has since filed an appeal (CRA-S 706/2025) before the Punjab and Haryana High Court.

The petitioner, however, argues that she is unable to participate in legal proceedings due to her physical and medical limitations and is currently living in a temporary shelter in Delhi.

The petition presents grave constitutional and legal questions, invoking Articles 14, 15(3), 21, and 39(e) of the Constitution of India, along with the Rights of Persons with Disabilities Act, 2016 and the Punjab Victim Compensation Scheme, 2017 framed under Section 357A CrPC.

The petitioner sought the following reliefs from the Court:

1. Immediate access to free and adequate medical care and treatment.

2. Safe, disability-compliant accommodation and rehabilitation.

3. Monthly financial assistance for her survival and care.

4. Transfer of the pending appeal from Punjab & Haryana High Court to the Delhi High Court.

5. Provision of all trial court records and translated documents at State expense.

6. Liberty to file an appeal before the Delhi High Court against the January 4, 2025 conviction order.

The petitioner contends that the State has failed to ensure her constitutional and statutory rights, including the right to live with dignity, access justice, and receive protection and rehabilitative support as a disabled survivor of sexual violence.

She has urged the Apex Court to intervene on humanitarian grounds to prevent further harm and to reaffirm the State’s obligation to uphold fundamental rights and dignity, particularly for the most marginalised and vulnerable.