Rape, Acid Attack And POCSO Case Survivors Must Be Provided Free Medical Treatment By All Hospitals: Delhi High Court

The Delhi High Court has recently ruled that victims of rape, acid attack and sexual attacks as well as POCSO cases survivors are to be provided free medical treatment in all government and private hospitals and nursing homes. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma passed a slew of directions, noting that survivors of sexual violence and acid attacks face difficulties in availing free medical treatment.“Thus, all Central Government/State Government aided and unaided hospitals as also private hospitals, clinics, nursing homes would be required to comply with the above provisions in order to ensure that survivors/rape victims and survivors in POCSO cases etc., are not refused medical treatment, or any other services which may be required,” the Court said. It added that the word “treatment” would include first aid, diagnosis, in-patient admission, continued out-patient assistance, diagnostic tests, lab tests, surgery if required, physical and mental counselling, psychological help, family counselling, etc. The bench directed that whenever any victim or survivor of the offences in question approaches a medical facility, diagnostic lab, nursing home or hospitals, such victim or survivor shall not be turned away without providing free medical treatment.“Such victim/survivor shall be immediately examined and if required, be given treatment even for sexually transmitted diseases such as HIV etc.; Such victim/survivor shall be provided physical and mental counselling as may be required,” the Court said. It added that the victim or survivor shall be checked for pregnancy, and provided with contraception, if required. Other directions are as follows:- Further, if any tests are required to be conducted including ultrasound, etc., the same shall also be conducted. Proper medical advice shall be given to such victim/survivor by the concerned gynaecologist who shall also counsel the victim/ survivor and her family members. - If the victim/ survivor has been brought in an emergent situation, the concerned medical establishment that is approached by or on behalf of such victim/survivor, shall not insist on ID proofs in order to admit the said victim/survivor and administer immediate treatment to the same. - If such a victim/survivor requires in-patient medical treatment, no payment shall be demanded and admission shall be provided to the said victim/survivor. - Every medical facility shall put up a board in the following terms: “Free out-patient and in-patient medical treatment is available for victims/ survivors of sexual assault, rape, gang rape, acid attacks, etc.”.- The above board shall be put up at the- entrance, the reception, counters and all prominent places with in the medical establishment, in both English and vernacular language. - Specific circulars shall be issued by the management of the medical establishments informing that anyone violating the above provisions would be liable to be punished with imprisonment for a period of one year or with fine or with both. Thus, non-providing such victim/survivor with required medical treatment is a criminal offence and all doctors, administration, officers, nurses, paramedical personnel etc., shall be informed of the same. - If the police finds that any medical professional, para-medical professional, medical establishment, whether public or private, refuses to provide necessary medical treatment to such victims/survivors, then a complaint shall be immediately registered under Section 200 of BNS, 2023 (Section 166B of IPC) as the same is a punishable offence. - In the city of Delhi, if such victims/survivors approach the DSLSA/DLSA for seeking assistance for availing free medical treatment, then the Delhi Victims Compensation Scheme (DVCS), requires the DSLSA/DLSA to forward cases of such victims/survivors to Government of NCT of Delhi, to ensure free of cost treatment from any Government hospital, if the need so arises. However, the DSLSA/DLSA is also free to refer such cases to private hospitals, nursing home, laboratories, etc. The bench was dealing with an appeal in a POCSO case filed by the real father of the survivor, who had allegedly committed penetrative sexual assault upon her. The bench noted that a large number of rape and POCSO cases come up before the Courts on a regular basis in which the survivors sometimes need urgent medical intervention and medical assistance over a longer period of time including admission, diagnostics, surgical intervention, medicines and other treatment including counselling services.“However, despite the provisions under the BNSS or CrPC, as also the guidelines formulated by the MoHFW, the Court has been informed that survivors of sexual violence and acid attacks face difficulties in availing free medical treatment,” it said. Case Title: SV v. StateCitation: 2024 LiveLaw (Del) 1377Click here to read order

Rape, Acid Attack And POCSO Case Survivors Must Be Provided Free Medical Treatment By All Hospitals: Delhi High Court

Nupur Thapliyal

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