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The Delhi High Court has reiterated the provision of a legal mandate for free and immediate medical care for survivors of sexual assault. The court made the observation while hearing a case of a 16-year-old rape survivor being made to wait for medical treatment despite judicial intervention.
The court underscored provisions under the Indian Penal Code, Code of Criminal Procedure (CrPC), Protection of Children from Sexual Offences (Pocso) Act, and the new Bharatiya Nagrik Suraksha Sanhita (BNSS), asserting that hospitals and medical facilities — whether public or private — are obligated to provide comprehensive treatment to survivors free of cost.
The bench, comprising Justices Prathiba M Singh and Amit Sharma, clarified that the free medical treatment mandate includes not only emergency care but also diagnostics, long-term treatment, psychological counselling, and physical rehabilitation.
Furthermore, the High Court also warned that denial of such services constitutes a punishable offence, holding doctors, staff, and hospital management accountable.
STRICT DIRECTIVES ISSUED
In its judgment on Monday, the court issued an extensive set of directives:
- No Denial of Treatment: All medical facilities must provide immediate treatment, including first aid, diagnostic tests, and surgery if necessary, without demanding ID proof or payment.
- Comprehensive Care: Treatment must extend to managing sexually transmitted diseases, pregnancy checks, and providing contraception when required.
- Mental and Family Counseling: Survivors and their families must be offered physical and psychological counseling.
- Mandatory Signage: Hospitals must prominently 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 High Court directed all medical establishments to train their personnel on the legal provisions under BNSS, CrPC, IPC, and Pocso. Violations, including refusal of treatment, will attract legal penalties, including imprisonment or fines, it said.
The court’s directives came on the backdrop of a case involving the rape of a minor girl by her father. The accused had sought bail, prompting the High Court to intervene and issue orders related to compensation, medical care, and the survivor’s rehabilitation.
ACCESS TO JUSTICE & CARE
The court laid out specific steps to ensure seamless medical assistance for sexual assault survivors:
- Survivors must not be turned away and, if necessary, referred to another facility with the provision of ambulance services.
- Police and the Delhi State Legal Services Authority (DSLSA) are to facilitate medical access and legal aid.
- DSLSA is tasked with processing cases under the Delhi Victims Compensation Scheme (DVCS), ensuring that survivors receive free treatment in both public and private hospitals.
The High Court also mandated that the order be circulated among all courts handling sexual offences, including Posco and family courts. Key authorities, including the Commissioner of Police, the Ministry of Health, and the Government of Delhi, are required to oversee compliance.
The bench reiterated that the right to free medical care is a statutory entitlement under Section 357C of CrPC, Section 397 of BNSS, and Rule 6(4) of the Protection of Children from Sexual Offences Rules, 2020. This right is not conditional upon referrals from legal aid authorities, it said.
The DSLSA will monitor the implementation of these directives, leveraging its ‘Sampark’ email for case tracking and follow-up. The High Court also asked the authorities to disseminate these orders to ensure no survivor is left without the care and support they are entitled to under the law.
