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2026 Supreme(Online)(MP) 36747

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Shivangi Chouhan – Appellant
Versus
State of Madhya Pradesh – Respondent
WP No. 22348 of 2026



Important Points

Acid attack victims, particularly minors, are entitled to full and specialized medical treatment, including in private hospitals, as per the Supreme Court's mandate in the Laxmi case, ensuring no refusal of treatment based on facility limitations.

Subject

Civil - Writ Petition

Act Referred

Headnote

The petitioner, a four-year-old minor victim of an acid attack, sought immediate transfer to a super-specialty private hospital under Article 226 of the Constitution of India, citing inadequate infrastructure and hygiene at the government facility. The court relied on the guidelines established in Laxmi V/s. Union of India and Parivartan Kendra V/s. Union of India regarding the mandatory provision of full medical assistance and the role of private hospitals in treating acid attack survivors. The primary issue was whether the petitioner is entitled to specialized treatment at a private hospital due to the severity of injuries and the substandard condition of the existing government facility. The court reasoned that since the victims are minors requiring long-term specialized care and the government ward exhibited poor hygiene and lack of equipment, they are entitled to treatment at a private hospital, utilizing the Ayushman Bharat Pradhan Mantri Jan Aarogya 'Niramayam' Yojna and additional funds from the District Legal Service Authority. IA No.6603/2026 is disposed off with directions to Bombay Hospital, Indore to admit the petitioner forthwith, with expenditures to be reimbursed via Ayushman Card or the Secretary District Legal Service Authority.

Advocates:
For the Appellants/Petitioners: Shannoshagufta Khan
For the Respondents: Anushka Bhargava

Table of Content
1. petition filed under art. 226 seeking immediate specialized medical transfer for a minor acid attack victim. (Para 1 , 2 , 3)
2. compliance with supreme court mandates ensuring victims of acid attacks receive full medical treatment regardless of hospital type. (Para 4 , 5)
3. direction for admission to a private specialized hospital with payment via ayushman card and legal service authority. (Para 6)

1. Heard on IA No.6603/2026, which is an application for immediate shift to a super speciality private hospital and interim relief in terms of Laxmi V/s. Union of India.

2. The present petition has been filed by the petitioner under Article 226 of the Constitution of India. The case of the petitioner is that the petitioner who is only a four year's minor child was subjected to acid attack on 29.05.2026, by which she and her brother and mother have suffered serious burn injuries for which photographs Annexure P/1 have been filed which demonstrate that the petitioners and other persons have suffered serious burn injuries. It is further submitted that the petitioners who were undergoing treatment at Community Health Centre, Rajpur, District Barwani, when the petition was filed and on 18.06.2026 they were discharged as for not having adequate treatment as well as infrastructure facilities. It is further submitted that in cases of survivor of the acid attacks the Hon'ble Apex Court has issued guidelines in the case of Laxmi V/s. Union of India and Others {(Crl.) No.129/2006} reported in (2014) 4 SCC 427 and Parivartan Kendra V/s. Union of India and Others {(W.P. No.(Civil) No.867/2013)} (2016) 3 SCC 571.

3. This Court considering the urgency in the matter has directed the State to take instructions in the matter and also directed petitioner to get herself admitted at Super Speciality Hospital, District Indore by 23.06.2026. The State authorities were also directed to submit a report before this Court as to whether the petitioner can be better treated at Arvindo Hospital, District Indore.

4. Counsel for the State has passed over the report on board according to which it is opined by the committee of the doctors of different faculties that admittedly the petitioners and other persons have suffered serious injuries which require long and specialized treatment and is available in the Super Speciality Hospital, District Indore. 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 even there are rats for which cages are also kept at the site. The Court has seen the photographs of the burn ward and also shown it to the counsel for the State. From perusal of the report dated 24.06.2026 it is found that the petitioner and other persons who suffered injury due to acid attack requires specialized treatment. It is also found that the petitioner is a minor girl of age four year and her brother is of age 6 years, (petitioner in the connected petition W.P. No.22356/26) are suffering from serious burn injuries. According to the report if they are not treated properly it may result into sepsis and septic shocks and other clinical abnormalities. The Hon'ble Apex Court in the case of Laxmi (supra) has held as under :-

"Insofar as the proper treatment, aftercare and rehabilitation of the victims of acid attack is concerned, the meeting convened on 14.03.2015 notes. unanimously that the full medical assistant should be provided to the victims of acid attack and that private hospitals should also provide free medical treatment to such victims. It is noted that there may perhaps be such victims some reluctance on the part of some private hospitals to provide free medical treatment and, therefore the concerned officers in the State Governments should take up the matter with the hospitals. So that they are also required to pr











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