In a significant judgment, the Delhi High Court has mandated free medical treatment for survivors of rape, acid attacks, sexual assault, and Protection of Children from Sexual Offences (POCSO) cases.
This directive applies to all government and private hospitals, clinics, and nursing homes.
The division bench of Justice Prathiba M. Singh and Justice Amit Sharma emphasized that both Central and State Government-funded institutions, along with private healthcare providers, must ensure immediate and comprehensive medical care for survivors.
The Court clarified that “treatment” encompasses a wide range of services, including first aid, diagnostic tests, inpatient and outpatient care, surgeries, psychological and family counselling, and ongoing follow-ups.
Acknowledging the frequency of rape and POCSO cases brought before courts, the bench stressed the critical need for timely and effective medical assistance for survivors. Many victims require not only urgent care but also prolonged treatment, including hospital stays, surgical interventions, medications, and emotional support.
The Court observed that, despite existing legal provisions under the BNSS and the Criminal Procedure Code (CrPC), as well as guidelines from the Ministry of Health and Family Welfare (MoHFW), survivors continue to face obstacles in accessing free medical treatment.
To address this, the Court issued key directives to enhance awareness and implementation:
1. Wide Dissemination of the Ruling: The judgment must be circulated to all courts handling sexual offence cases, including POCSO Courts, Criminal Courts, and Family Courts.
2. Notification of Legal Rights: Victims and survivors should be informed of their entitlement to free medical care as stipulated under Section 397 of the BNSS and Section 357C of the CrPC.
3. Referral to Medical Facilities: Courts encountering cases requiring medical attention must take steps to refer survivors to appropriate medical establishments, be it public, government, or private institutions.
The judgment underscores the judiciary’s commitment to safeguarding the rights and dignity of survivors of sexual violence and acid attacks, ensuring they receive the necessary medical care and support without financial burdens.
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