Delhi HC Mandates Free Medical Care For Rape, Acid Attack, Sexual Assault, POCSO Victims

The Delhi High Court on Tuesday directed that survivors of rape, acid attacks, sexual assaults, and POCSO cases must receive free medical treatment at government and private healthcare facilities, including nursing homes.

A division bench of Justice Prathiba M. Singh and Justice Amit Sharma ordered that all healthcare institutions, whether government-funded or privately owned, are obligated to provide immediate and comprehensive medical care to survivors. This includes first aid, diagnosis, inpatient and outpatient services, surgeries if needed, diagnostic tests, physical and psychological counselling, and support for affected families.

Court emphasized that survivors of such crimes often require urgent and extended medical care, including hospital admission, surgeries, medications, and mental health support. Highlighting the prevalence of these cases in the judiciary, the bench noted that effective medical intervention is crucial for their recovery and rehabilitation.

The directive was issued in response to persistent challenges faced by survivors in accessing free treatment, despite provisions under Section 357C of the Criminal Procedure Code (CrPC) and the Ministry of Health and Family Welfare’s guidelines. The Court underscored the need for healthcare facilities to comply with these legal mandates to protect the rights and dignity of survivors.

To ensure the order’s implementation, the High Court issued several key directives:

1. Widespread Circulation: The judgment must be circulated among courts dealing with sexual offences, including POCSO Courts, Criminal Courts, and Family Courts, to make survivors aware of their legal rights.

2. Medical Referrals: Courts encountering cases requiring medical assistance must ensure victims are referred to suitable healthcare facilities—government or private.

3. Comprehensive Care: The definition of “treatment” includes not only emergency medical aid but also long-term psychological and family counselling services to address the survivors’ holistic recovery.

This landmark ruling reinforces the judiciary’s commitment to ensuring survivors of sexual violence and acid attacks receive timely, adequate, and cost-free medical care, while also holding healthcare institutions accountable for their role in supporting these victims. The Court’s decision sets a strong precedent for safeguarding the dignity and rights of survivors in their pursuit of justice and recovery.

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