Delhi High Court issues directions for provision of free medical treatment to rape, acid attack, and POCSO case victims, survivors by all public/private hospitals

Introduction

In a recent criminal appeal [1]filed in the Hon’ble Delhi High Court under Sections 415 and 528 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) by an individual who was accused of committing penetrative sexual assault upon the survivor, it was informed by the latter to a division bench comprising of Hon’ble Justice Pratibha M Singh and Amit Sharma that she was unable to avail free medical treatment without repeated intervention of the Delhi State Legal Service Authority.

Various guidelines for free medical treatment for survivors of such offences in Private/Government aided or unaided medical facilities have been laid down by the Hon’ble Court.

Brief Facts of the Case

The present case pertains to a criminal appeal filed by the father of the victim/survivor who had been convicted by the Trial Court for aggravated penetrative sexual assault upon her under the provisions of the Bharatiya Nyaya Sanhita and POCSO Act.

It was informed to the Hon’ble High Court that the compensation to the victim had not been released by the trial court and the District Legal Service Authority concerned was also directed to submit documents and reports pertaining to delay in transferring payment to the survivor. While considering the report by the District Legal Service Authority whereby a final amount of Rs. 13,00,000/- as compensation was deposited into the survivor’s account and steps were being taken towards her admission in 12th Standard and enrolling her as a Para Legal Volunteer (PLV) with the District Legal Service Authority, it was noted by the Court that the private and public hospitals need to be sensitized regarding the free medical treatment to survivors in such cases without the interference of the DLSAs.

Court’s Analysis and Guidelines

While considering the submissions of parties in the present case, the court also noted Section 397 of the Bharatiya Nyaya Sanhita and POCSO Rules along with the notifications of the Ministry of Health and Family Welfare (MoHFW) pertaining to “Guidelines for Medico – Legal Care of Survivors/Victims of Sexual Violence”.

It was stated by the court that as per the law, it is the legal and moral responsibility of all hospitals, nursing homes, medical clinics and centres to provide medical care and treatment to survivors and victims’ absolutely free of cost. Furthermore, in numerous cases the victims are in dire need of prolonged medical care which should be provided at the cost of the state. In such situations, the court also noted that all the Central/State aided and unaided hospitals, medical centers, private clinics and nursing homes are required to comply with the provisions stated above to ensure that no survivors are refused medical treatment or any such assistance. While expanding the scope of the term “treatment”, the court noted that it would deem to include diagnosis, first aid treatment, in – patient admission, counselling, diagnostic test, surgeries, physical and mental counselling, psychological help, family counselling and any such aid or assistance required.

There were various other guidelines issued by the court which were as follows:

• Wherever any victim/survivor approaches either a private/public medical facility, such victim/survivor shall not be turned away without providing free medical treatment including first aid, diagnostic tests, lab tests, surgery, and any other medical required medical intervention.
• The Victim/survivor shall be examined immediately and be given treatment even for sexually transmitted diseases such as HIV, etc,
• Every medical facility to put up a board stating — “Free out-patient and in-patient medical treatment is available for victims/survivors of sexual assault, rape, gang rape, acid attacks, etc.”
• If any victim/survivor needs to be transferred to another medical establishment, an ambulance should be provided to make the transition smooth and hassle free and a certificate should be given stating that the victim/survivor is entitled to free medical treatment as per law.
• The police station approached by or on behalf of the victim/survivor shall take the said victim/survivor to the nearest hospital whether public or private for obtaining the medical treatment in an expeditious manner;
• Availing free medical treatment by victims/survivors from either government or private hospitals is not dependent upon a referral by DSLSA/DLSA under the Delhi Victims Compensation Scheme as the same is a statutory right for such victims/survivors;
• DSLSA shall take necessary action and follow-up with the concerned victim/survivor regarding free medical aid upon receiving information on its “sampark” email id for registration of a First Information Report (‘FIR’). Urgent steps must be taken to process such FIRs and communicate the same to DLSAs concerned for taking appropriate steps;

Furthermore, the court has also directed that the present order is required to be circulated and brought into the notice of each and every court dealing with sexual offences and survivors so that every stakeholder is informed about their rights and duties. Moreover, the DLSAs are also required to be made aware about their duties and liabilities towards victims and survivors of such offences and to ensure compliance of these orders.

Conclusion and Way Forward

The present judgment of the Hon’ble Delhi High Court is a landmark decision towards the rights of the victims and survivors of the unfortunate and grievous sexual offences in the country which casts a responsibility upon the state to ensure treatment, rehabilitation and every possible assistance to the survivors and ensure that the stakeholders such as the Legal Services Authorities, Hospitals, Trial Courts and other medical agencies are sensitised towards fulfilling their duties and ensuring compliances towards the guidelines, policies and statutory duties laid down.

[1] https://www.scconline.com/blog/post/2025/01/03/delhi-hc-issues-specific-directions-provision-free-medical-treatment-rape-acid-attack-pocso-victims-survivors-hospitals-public-private/’

King Stubb & Kasiva,
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