Free Treatment for Sexual Violence, Acid Attack Survivors Mandatory at All Hospitals: Delhi HC
New Delhi: The Delhi High Court has mandated that all government and private hospitals provide free medical treatment to victims of sexual violence, acid attacks, and rape. The court made this observation while hearing the case of a 16-year-old rape survivor who was made to wait for medical treatment.
According to a UNI report, a bench comprising Justices Prathiba M Singh and Amit Sharma, in its December 10 order, mandated that medical establishments must offer first aid, diagnostic tests, lab work, and other necessary treatments at no cost.
The court warned that failure to comply could result in penalties, including imprisonment or fines.
The court underscored that hospitals are obligated under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Protection of Children from Sexual Offences (Pocso) Rules, 2020, and guidelines issued by the Union Health Ministry to ensure seamless and free treatment for survivors.
“Despite clear legal provisions, survivors of sexual violence and acid attacks continue to face significant challenges in accessing free medical care. It is the responsibility of all hospitals, nursing homes, clinics, and medical centres to provide comprehensive free medical treatment to such survivors,” the court observed.
Under Section 397 of BNSS and Rule 6(4) of the Pocso Rules, hospitals have a legal obligation to provide free first aid and medical care to survivors.
The bench stated, “Failing to provide such treatment to survivors is a criminal offence, and all doctors, nurses, administrators, and paramedical staff must be made aware of this mandate”, news agency UNI reported.
The court also directed hospitals to prominently display boards at entrances and reception areas in both English and local languages, stating: “Free out-patient and in-patient medical treatment is available for victims / survivors of sexual assault, rape, gangrape, acid attacks, etc.”
The Court’s directive came from a case involving a 16-year-old survivor whose father appealed a city court’s conviction of aggravated penetrative sexual assault.
The Delhi State Legal Services Authority (DSLSA) informed the High Court that the survivor initially faced hurdles in obtaining free treatment.
DSLSA counsel Abhinav Pandey highlighted the lack of compliance, noting that persuading a private hospital to treat the survivor without charge required significant effort.
To ensure comprehensive support for survivors, the Court ordered hospitals to provide physical and mental counselling.
The Court directed that pregnancy checks be conducted and offer contraception when required.
The Court directed that all the hospital/nursing home staff should be sensitised about legal obligations regarding free treatment.
The Court emphasized that the hospital staff should avoid insisting on identification proof in emergency cases.
The Court directed the hospitals to eliminate barriers for survivors seeking medical care, ensure accountability across medical establishments, and create a survivor-friendly healthcare environment.
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