“Mandatory Free Medical Aid to be given to Survivors of Rape, Sexual Assault, POCSO Cases, Acid Attacks etc. by Public and Private Hospitals: Delhi High Court.”
January 3, 2025 2025-03-02 14:46“Mandatory Free Medical Aid to be given to Survivors of Rape, Sexual Assault, POCSO Cases, Acid Attacks etc. by Public and Private Hospitals: Delhi High Court.”
“Mandatory Free Medical Aid to be given to Survivors of Rape, Sexual Assault, POCSO Cases, Acid Attacks etc. by Public and Private Hospitals: Delhi High Court.”
By Varna Srinivasan
It was submitted that the survivor could not independently avail free medical treatment subsequent penetrative sexual assault. It was only possible after repeated interventions by the Delhi State Legal Services Authority (DSLSA). The issue, therefore, is whether free treatment for survivors is mandated by the law and if denying the same is a criminal offence.
According to Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Rule 6(4) of Protection of Children from Sexual Offences Rules, 2020 all public and private medical institutions are required to provide free medical aid to survivors of sexual abuse, rape, acid attacks and in the case of POCSO offences as well. ‘Treatment’ implies assistance in the form of first aid, diagnosis, in-patient admission, continued out-patient assistance, diagnostic tests, lab tests, surgery, physical and mental counselling, psychological help, family counselling, etc.
The division bench issued guidelines on the treatment to be administered such as STDs test, pregnancy test, in-patient care and required all hospital staffs to be sensitized to handle such situations. They further ruled that not only is free treatment guaranteed within the law but also clarified that denial of the same constitutes a criminal offense under the Section 200 of the Bharatiya Nagarik Suraksha Sanhita. Thus, reference of the DSLSA is not necessary to receive free treatment at all hospitals.
[Case Name: SV. v. State (2024), CRL.A. 728/2024]
