Amicus curiae urges Kerala HC to protect HIV+ woman assaulted in care home

KOCHI: Offering a ray of hope to a 21-year-old woman infected with HIV at birth who was brutally assaulted by caregivers in an Ernakulam care home, the amicus curiae appointed to address the plight of mentally ill individuals in many cases has urged the High Court to ensure her care and protection.

Brutally assaulted by her caregivers, who tied her to a window and beat her with a wooden log, resulting in multiple fractures, her plight was brought out by TNIE on July 10.

In a letter to the registrar (judicial) of Kerala High Court, amicus curiae V Ramkumar Nambiar emphasised the necessity of providing the young woman with appropriate treatment at the mental health centre where she is currently lodged. He also highlighted the ongoing social stigma surrounding HIV, despite public awareness efforts, underscoring the importance of compassion and support for the victim in her journey towards recovery.

The amicus curiae reported that after her treatment at the centre, she may not be accepted in any of the rehabilitation homes especially since allegations were made against the caretakers of her previous “care home”. Such being the situation, she will need to be taken care of and be under the protection of a guardian to be appointed under the law. He suggested that the Victim Rights Centre functioning under the HC can very well render assistance and ensure that justice is meted out to her.

The Kerala Legal Services Authority (KeLSA) also can be required to assist her with such a legal process. She needs all the care and protection that can be given to her, not only because she is an HIV patient and a person suffering from mental illness, but also because she is a citizen of our country who is entitled to equality before the law and equal protection of law as enshrined in the Constitution, the letter said.

It said that “the communication may seriously be taken note of and appropriate measures adopted, to remedy the sad plight of our less fortunate sister.”

The registrar will soon decide to move it as a suo motu writ petition and post the matter before an appropriate bench.

‘Accused will be caught soon’

Police have failed to arrest the four men accused of brutally attacking the woman with HIV even three days after the HC dismissed their anticipatory bail. Binanipuram police are still searching for the accused, even though an FIR was registered on January 5 and the statement recorded on July 3. Refuting the allegation, SHO Sunil VR said, “I took charge here just two days ago. I have called for the case-related files, considering the importance of the incident. The accused will be caught soon.” He added: “We understood that the girl was brutally assaulted and suffered multiple fractures during the primary data collection, he said. The police are considering this case very seriously.”