Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Gau) 1143

THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE, J.

Urmila Subba, D/o. Sri Karan Kumar Subba – Petitioner
Versus
The State Of Assam, Represented By The Chief Secretary, Government Of Assam And Ors. – Respondents
WP(C) No.149 of 2025
Decided On : 01-06-2026

Advocates Appeared:
For the Petitioner: Ms. D. Ghosh, MS N. Deka, Ms H. Betala, Mr I. Chakma, Mr. S. K. Chakma, Mr A.K. Hajong
For the Respondents: GA, Assam, Mr. D.J. Das, SC, C.G.C., SC, Health.

The state is legally and constitutionally obligated to bear the entire cost of treatment and rehabilitation for victims of acid attacks, including specialized surgical procedures, medicines, and associated travel and lodging expenses, to ensure effective recovery and restoration of the victim.

Headnote:(A) Victim Compensation - Responsibility of the State - Victim of an intentional chemical assault suffered permanent disfigurement and grievous bodily harm - The state is mandated to ensure immediate and effective specialized medical treatment - Such obligation entails bearing the entire cost of surgery, medicines, hospitalization, and ancillary requirements - The state is further required to provide travel and lodging expenses for the victim and an attendant. (Paras 14, 15, 16, 18)

(B) Medical Board Report - Determination of treatment needs and costs - Expert evaluation confirms a requirement for multiple stages of surgeries to correct burn injuries - The state is directed to facilitate access to advanced medical procedures in a public healthcare setting free of cost to the victim. (Paras 9, 13, 17)

Facts of the case:
The petitioner, having suffered severe burn injuries due to a violent attack, sought directions for comprehensive medical treatment and financial reimbursement for restorative surgeries. The victim previously received nominal financial assistance but exhausted those funds on primary healing efforts. A court-constituted medical board confirmed the necessity of further multi-stage surgical procedures to address permanent disfigurement and impaired bodily function.

Findings of Court:
The state is legally obligated to bear the full burden of rehabilitation for victims of such violent crimes. Expert medical assessment validated the requirement for continued specialized treatment at a public facility. It was held that financial constraints should not impede an individual's right to necessary restorative surgery.

Issues: The central issue was the extent of the state's liability in providing and financing complex, multi-stage reconstructive medical treatment for a victim, inclusive of associated logistical expenses.

Ratio Decidendi: The Court affirmed that the state holds the primary responsibility for the treatment and rehabilitation of victims of such traumatic assaults. This mandate includes not only the surgical expenses but also necessary ancillary costs, such as transportation and accommodation, to ensure the realization of the victim's right to effective medical care and restoration.

Result: Petition allowed; the relevant authorities are directed to ensure all necessary specialized treatment is provided free of cost, covering all allied expenses including travel and lodging.

Table of Content
1. initiation of litigation and prayer for medical assistance. (Para 1 , 2)
2. factual matrix detailing incident, medical board findings, and injuries. (Para 3 , 4 , 8 , 9 , 12)
3. parties' contentions on state responsibility for medical expenses. (Para 5 , 6 , 7 , 10)
4. state bears full financial responsibility for acid attack survivors. (Para 11 , 13 , 14 , 15 , 16)
5. final judicial mandate for free government-funded medical treatment. (Para 17 , 18 , 19)

JUDGMENT :

KARDAK ETE, J.

Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. D. P. Borah, learned Standing Counsel, Health & Family Welfare Department for the respondent Nos. 2, 3 & 4 as well as Ms. M. Barman, learned State Counsel for the respondent Nos. 1 & 5.

2. By filing this writ petition, the petitioner, a victim of an acid attack, has sought for expeditious specialised/advanced medical treatment for healing and correction of the permanent disfigurement and scars resulting from the said attack, at a hospital having appropriate facilities and requisite arrangements. The petitioner has also sought for directions to the respondent authorities for bearing the expenses of such treatment, including travel and lodging expenses, as well as release of the additional compensation claimed by her.

3. The petitioner was married in the month of August, 2018. On 31.08.2022, she was subjected to an acid attack allegedly committed by her husband, as a result of which she sustained grievous burn injuries on her face, neck and other parts of her body. She was initially taken to Mongaldoi Civil Hospital and considering the severity of her injuries, was thereafter referred to and admitted at the Gauhati Medical College and Hospital (GMC&H), Guwahati, where she underwent emergency treatment and multiple surgeries. The petitioner has suffered permanent disfigurement of her face due to the said attack. In connection with the incident, Kharupetia Police Station Case No. 238/2022 was registered under Section 326(A) of the Indian Penal Code, 1860 against the alleged perpetrator, who incidentally is her husband.

4. The petitioner applied for compensation under the Assam Victim Compensation Scheme, 2012. The District Legal Services Authority, Darrang, Mangaldoi, by order dated 14.08.2023, granted financial assistance of Rs. 3,00,000/- (Rupees Three Lakhs only), which amount was released to the petitioner on 30.09.2023. The petitioner has thereafter undergone treatment at various medical facilities, including GMC&H, Guwahati.

5. It is the contention of the petitioner that the compensation amount received by her has almost been exhausted towards medical expenses, medicine costs, travelling expenses and other allied expenses incurred in connection with her treatment. It is contended that she is yet to undergo multiple surgeries and advanced treatment for correction of the burn injuries sustained in the acid attack and owing to her financial constraints, she is unable to bear the expenses required for such treatment and is, therefore, in need of further financial assistance.

6. Ms. D. Ghosh, learned counsel for the petitioner, submits that the petitioner, being a victim of an acid attack, is entitled to higher compensation in view of the trauma, suffering, permanent disfigurement and hardship endured by her, as well as the financial constraints faced by her family in bearing the cost of treatment. She submits that the petitioner is also entitled to an additional compensation of Rs. 1,00,000/- (Rupees One Lakh only) in terms of the communication dated 09.11.2016 issued by the Government of India regarding assistance to victims of acid attack.

7. Ms. D. Ghosh, learned counsel, by referring to the order of the Division Bench of this Court passed in XXX vs. IN RE :- the State of Assam & Anr. [WP(C)749/2014], dated 24.06.2016, as well as the settled position of law laid down by the Hon'ble Supreme Court in Laxmi vs. Union of India & Ors., reported in (2014) 4 SCC 427, submits that

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