The Delhi High Court said not providing such victims/survivors with required medical treatment is a criminal offence and all doctors, administration, officers, nurses, paramedical personnel etc., shall be informed of the same. File
| Photo Credit: The Hindu
Taking a serious note of the fact that survivors of sexual violence and acid attacks face difficulties in availing free medical treatment, the Delhi High Court said that all government hospitals and private hospitals, clinics and nursing homes cannot refuse necessary medical treatment to such victims/survivors.
The court ruled that survivors “shall not be turned away without providing free medical treatment, including first aid, diagnostic tests, lab tests, surgery and any other required medical intervention”.
“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 (Punishment for non-treatment of victim) of BNS, 2023,” a Bench of Justice Prathiba M. Singh and Justice Amit Sharma ordered.
The court’s direction came while hearing a the plea of a man, facing life imprisonment for committing penetrative sexual assault, repeatedly upon his 17-year-old daughter. During the course of the proceedings in August this year, the court came to know that the survivor gave birth to a child whose DNA sampling was also confirmed to be matching with the man.
The judges expressed considerable concern on the fact that the government Counsellor did not make any attempts to properly contact and trace the survivor. The court then ordered to trace the survivor and to pay the interim compensation to her.
On the next hearing in September, the Delhi State Legal Service Authority (DSLSA) traced the survivor and her mother who appeared before the Court, which asked DSLSA to assist the survivor in getting her medically examined in a hospital.
On last hearing, Mr. Abhinav Pandey, Secretary (Litigation), DSLSA brought to the attention of the Court that despite the directions of this Court in respect of free medical treatment of the survivor, she could not avail the same without repeated intervention of DSLSA.
Mr. Pandey, submitted that it took some convincing on his part to enable a private hospital to extend free treatment to the survivor. He recommended that it is necessary for all hospitals to be sensitized about free treatment provisions.
The court noted that as per the law, it is incumbent upon all hospitals, nursing homes, clinics, medical centres to provide free medical care and treatment to rape victims/survivors, POCSO case survivors and similar victims/ survivors of sexual attacks etc..
“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 remarked.
It ordered that every medical facility in the capital will put up a board saying: “Free out-patient and in-patient medical treatment is available for victims/ survivors of sexual assault, rape, gang rape, acid attacks, etc.”.
The court said not 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.
It said anyone violating the above provisions would be liable to be punished with imprisonment for a period of one year.
It also clarified 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.
Published – December 24, 2024 06:34 am IST
