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Informist, Tuesday, Dec. 24, 2024

 

NEW DELHI – The Delhi High Court has ordered that whenever any rape survivor or acid attack victim approaches a medical facility, diagnostic facility, diagnostic lab, nursing home, hospital, health clinic, whether private or government, they shall not be turned away without providing free medical treatment, including first aid, diagnostic tests, surgery and other required medical interventions. Such survivors shall be immediately examined and, if required, be given treatment even for sexually transmitted diseases such as human immunodeficiency virus, said the court.

 

The bench of Justice Prathiba M. Singh and Justice Amit Sharma said that a large number of rape cases and cases under Protection of Children from Sexual Offences Act, 2012, come up before the courts on a regular basis. The survivors in these cases sometimes need urgent medical intervention and sometimes need medical assistance over a longer period of time including admission, diagnostics, surgical intervention, medicines and other treatment including counselling services, said the court.

 

However, despite the provisions under The Bharatiya Nagarik Suraksha Sanhita, 2023 or The Criminal Procedure Code of India, 1973, as also the guidelines formulated by the Ministry of Health and Family Welfare, the court has been informed that survivors of sexual violence and acid attacks face difficulties in availing free medical treatment, said the bench. "Thus, all central government/state government aided and unaided hospitals as also private hospitals, clinics, nursing homes would be required to comply with the above provisions in order to ensure that survivors/rape victims and survivors in POCSO cases etc., are not refused medical treatment, or any other services which may be required," said the court.

 

Issuing a number of directions, the court said that the survivors shall be provided physical and mental counselling as may be required and be checked for pregnancy, and provided with contraception, if needed. Proper medical advice shall be given to such survivors by the concerned gynaecologist who shall also counsel the survivor and her family members, the court added.

 

If the survivor has been brought in an emergency situation, the concerned medical establishment that is approached by or on behalf of such survivor, shall not insist on identification proof in order to admit the survivor and administer immediate treatment to the same, said the court. If such a survivor requires in-patient medical treatment, no payment shall be demanded and admission shall be provided to the survivor, the court said.

 

Further, the court said that every medical facility shall 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." This should be put up at the entrance, the reception, counters and all prominent places within the medical establishment, in both English and vernacular languages, said the court.

 

The high court said that all doctors, nurses, paramedical personnel, administrative staff of a medical establishment shall be sensitised about the provisions regarding treatment of survivors in the Indian criminal laws. Specific circulars shall be issued by the management of the medical establishments informing them that anyone violating these provisions would be liable to be punished with imprisonment for a period of one year or with a fine or with both, said the court. Thus, not providing such survivors with required medical treatment is a criminal offence and all doctors, administration, officers, nurses, paramedical personnel, shall be informed of the same, said the court.

 

If the police find that any medical professional, para-medical professional, medical establishment, whether public or private, refuses to provide necessary medical treatment to such survivors, then a complaint shall be immediately registered against them, said the court.

 

The high court was hearing a case in which father of a rape survivor had allegedly committed sexual assault upon her. The court had passed various directions, including in respect of the medical treatment of the survivor and the compensation to be given to her. During the course of hearing, the court was informed that despite the directions of the court, the survivor could not avail of free medical treatment. It took some convincing on counsel Abhinav Pandey's part to enable the concerned private hospital to extend free treatment to the survivor, the court was informed. Pandey is the Secretary (Litigation), Delhi State Legal Services Authority.  End

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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