The bench, including Justices Prathiba M Singh and Amit Sharma, clarified that this mandate covers not only emergency care but also diagnostic tests, long-term treatment, psychological counseling, and physical rehabilitation.
NEW DELHI: The Delhi High Court reiterated the provision of a legal mandate free medical care for survivors of sexual assault. This statement came during a hearing involving a 16-year-old rape survivor who was made to wait for medical attention despite judicial intervention.
The bench, including Justices Prathiba M Singh and Amit Sharma, clarified that this mandate covers not only emergency care but also diagnostic tests, long-term treatment, psychological counseling, and physical rehabilitation.
The court emphasized provisions from the Indian Penal Code, the Code of Criminal Procedure (CrPC), the Protection of Children from Sexual Offences (Pocso) Act, and the new Bharatiya Nagrik Suraksha Sanhita (BNSS), asserting that both public and private hospitals are legally obligated to provide comprehensive, free treatment to survivors.
A Bench of Justice Prathiba M. Singh and Justice Amit Sharma directed,
“If the police determines that any medical professional, para-medical professional, or medical establishment, whether public or private, refuses to provide required medical treatment to victims or survivors, a complaint must be immediately filed under Section 200 (Punishment for non-treatment of victim) of BNS, 2023.”
Additionally, the High Court warned that failure to provide such services is punishable by law, with doctors, staff, and hospital management held accountable.
STRICT DIRECTIVES ISSUED
The court’s judgment on Monday included a detailed set of directives:
- No Denial of Treatment: All medical facilities must offer immediate care, including first aid, diagnostic tests, and surgery if needed, without requiring ID proof or payment.
- Comprehensive Care: Treatment should also include managing sexually transmitted infections, pregnancy checks, and providing contraception when necessary.
- Mental and Family Counseling: Survivors and their families must be offered both physical and psychological counseling.
- Mandatory Signage: Hospitals must display notices stating, “Free out-patient and in-patient medical treatment is available for survivors of sexual assault, rape, gang rape, acid attacks, etc.” in both English and local languages.
The court ordered that all medical facilities train their personnel on legal provisions under BNSS, CrPC, IPC, and Pocso, warning that violations, such as refusal of treatment, would result in legal consequences, including imprisonment or fines.
READ ALSO: Orissa High Court: Asks State About Free Medical Care for Acid Attack Victims
ACCESS TO JUSTICE & CARE
The High Court outlined steps to ensure smooth access to medical care for sexual assault survivors:
- Survivors must not be turned away and, if needed, should be referred to another facility with ambulance services provided.
- The police and the Delhi State Legal Services Authority (DSLSA) are tasked with facilitating medical access and legal aid.
- DSLSA will process cases under the Delhi Victims Compensation Scheme (DVCS) and ensure survivors receive free treatment in both public and private hospitals.
- The High Court ordered that this decision be shared with all courts handling sexual offence cases, including those under Pocso and family courts, and directed authorities such as the Commissioner of Police, the Ministry of Health, and the Delhi Government to ensure compliance.
The bench reaffirmed that the right to free medical care is guaranteed under Section 357C of the CrPC, Section 397 of BNSS, and Rule 6(4) of the Protection of Children from Sexual Offences Rules, 2020, and that this right does not depend on referrals from legal aid authorities.
The DSLSA will oversee the implementation of these directives, using its ‘Sampark’ email for case tracking and follow-ups. The High Court also ordered that these directives be disseminated to ensure that no survivor is deprived of the care and support guaranteed by law.
Case Title: SV v. State
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