New Delhi: The Delhi High Court has issued an order mandating that all medical facilities, including both government and private hospitals, clinics, and nursing homes, must provide immediate and free treatment to rape victims and survivors of cases under the Protection of Children from Sexual Offences (POCSO) Act. The court emphasized that medical treatment should not be denied to these individuals, with the word “treatment” encompassing first aid, diagnosis, inpatient care, outpatient assistance, diagnostic tests, lab tests, surgeries if necessary, as well as psychological and physical counseling.
The bench, consisting of Justices Prathiba M Singh and Amit Sharma, passed the directions while hearing a case related to rape and POCSO cases. Despite existing provisions under the CrPC and guidelines from the Ministry of Health and Family Welfare, the court noted that survivors of sexual violence and acid attacks often face obstacles in obtaining free medical care.
Key points from the court’s order include:
- Immediate Medical Treatment: Victims must not be turned away from any medical facility, whether public or private. They must be provided with free medical treatment, including necessary tests and counseling.
- Sexual and Reproductive Health: Survivors should be checked for sexually transmitted diseases (STDs) like HIV, tested for pregnancy, and provided with contraception if needed.
- Emergency Treatment Without ID Proofs: In emergency situations, medical facilities should not require identification proof to admit a victim and administer immediate care.
- Sensitization of Medical Staff: All medical personnel, including doctors, nurses, and administrative staff, must be sensitized to the relevant legal provisions. The court warned that failing to provide necessary treatment would be considered a criminal offense, punishable by up to one year in prison or a fine.
- Transfer Between Hospitals: If necessary, transferring a victim from one hospital to another should be made hassle-free. Medical professionals refusing to treat victims can be reported to the police for non-compliance with the law.
- Police Involvement: The court directed that police must take victims to the nearest hospital for treatment and ensure they are referred to the District Legal Services Authority (DLSA) for follow-up action.
The Delhi High Court’s directive underscores the urgent need for comprehensive medical care for sexual assault survivors and aims to ensure that their health and legal rights are protected without further hindrance.
