Introduction

The Delhi High Court recently ordered that victims of rape, acid attacks and sexual assaults as well as victims of POCSO cases be provided free medical treatment in all government and private hospitals and nursing homes. While giving this order, the court said that victims of sexual violence and acid attacks face difficulties in getting free treatment and it is necessary to ensure that they are not denied treatment under any circumstances.

Facts of the case

The case was related to an appeal in a POCSO case in the Delhi High Court, in which the biological father of the victim was accused of penetrative sexual assault on his daughter. The court noted the serious concern related to medical treatment in this case and found that often in such cases the victims need immediate medical help, but they face difficulty in getting treatment in hospitals.

Petitioner’s argument

The petitioner (victim’s father) argued in the court that the guidelines given by the government for free medical treatment are not being followed. They wanted the court to direct hospitals to ensure that victims of rape, acid attack and POCSO cases receive free medical treatment without any hindrance.

Respondent’s argument

The respondents (representatives of hospitals and medical institutions) argued that it is not possible to follow government guidelines, and that providing free treatment in such cases involves a number of administrative and legal complexities. However, they admitted that victims should receive immediate medical treatment, but various procedures create problems.

Court’s observations

The court said that victims of such crimes are in urgent need of medical assistance and it should be ensured that they are not denied treatment in any hospital. The court also said that ‘treatment’ includes services such as first aid, diagnosis, inpatient admission, operation, lab tests, counselling, mental support and family counselling.

The court said that if a victim or survivor goes to any medical facility, clinic or hospital for treatment, he or she should be given immediate medical assistance without any payment. In particular, if the victim needs treatment for sexually transmitted diseases such as HIV, etc., then the treatment should be provided free of cost.

The Court’s decision

While observing that “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,” The Court gave the following orders:

1. All central and state government-aided hospitals and private hospitals must ensure that medical aid is not denied to victims of rape, acid attack and POCSO cases.

2. The medical treatment will include first aid, diagnosis, inpatient admission, lab tests, surgery, mental and physical counselling, and family counselling.

3. If the victim has to be hospitalized, no payment will be taken.

4. A board will be put up in every hospital which will read: “Free treatment is available to victims of sexual assault, rape, gang rape, acid attack etc.”

5. Refusal of medical service in any hospital will be an offence, and punitive action will be taken against the people concerned.

6. The Court also directed that if any medical professional or hospital violated these orders, the police will immediately register a complaint under the relevant sections.

Conclusion

This order of the Delhi High Court is a significant step that ensures that victims of sexual violence, acid attacks and POCSO cases get free medical aid in all hospitals without any hindrance. The court made it clear that no medical institution or hospital should face any inconvenience in treating these victims and if it happens, it will be a punishable offence. This decision is important towards ensuring justice for such victims.

Credits: Deeksha Rai