By Himabindu Lingala

The Delhi High Court recently directed that all the hospitals must provide free medical treatment to survivors of rape, acid attacks, and cases under the POCSO Act. 

The Division Bench acknowledged the significant number of survivors of rape and POCSO cases, requiring urgent medical intervention, or prolonged medical assistance (inclusing hospitalisation, surgeries, counselling and other treatments) often face difficulty availing free medical treatment despite provisions under BNSS (or CrPC). 

The Hon’ble High Court issued the following directions noting the same. 

1. The High Court has mandated all the Central/ State Government hospitals, Private hospitals, nursing homes and clinics to not refuse medical treatment or any services that would be needed to assist the victims/survivors in Rape cases and POCSO cases. 
2. If any victim/survivor approaches a medical facility whether private and public/Government, such victim/survivors are not to be turned away without providing free medical treatment.
3. Such victim/survivor shall be immediately examined and provide physical and mental counselling as may be required.
4. Such victims/survivors shall be checked for pregnancy and provide contraception if required.
5. Medical facilities shall put a board displaying “free out-patient and in patient medical treatment is available for victims/survivors of sexual assault, rape, gang rape, acid attacks, etc.” The board is to be displayed at the entrance, the reception, and all prominent places within the medical facility.
6. In Delhi, if victims/survivors seek assistance from DSLSA/DLSA for free medical treatment, the Delhi Victims Compensation Scheme (DVCS) mandates the DSLSA/DLSA to forward their cases to the Government of NCT of Delhi for free treatment at government hospitals. Additionally, DSLSA/DLSA may refer such cases to private hospitals, nursing homes, or laboratories if needed.

Case Name: S.V. versus State 

Citation : CRL.A. 728/2024 & CRL.M.(BAIL) 1343/2024 

Click here to read the judgement