Refusing medical aid to sexual violence, acid attack survivors offence: Delhi High Court

New Delhi: In a significant ruling, the Delhi High Court recently said state-run and private hospitals cannot turn away survivors of sexual crimes, among others, and should treat them for free or face criminal action.

A bench of Justices Prathiba M Singh and Amit Sharma said a medical establishment should not insist on identity proofs when such survivors are brought in an emergency and any medical professional refusing to provide necessary treatment would attract a complaint to be immediately registered by the police being a punishable offence.

The court passed the directions in relation to survivors of rape, gang rape, acid attack and minor survivors of sexual offences, among others, and said despite the legal mandate, they faced difficulties in availing free medical treatment.

"Whenever any victim/survivor of any of the said offences approaches a medical facility, diagnostic facility, diagnostic lab, nursing home, hospital, health clinic, etc., whether private and public/government, such victim/survivor shall not be turned away without providing free medical treatment," said the bench in its judgment made available on December 21.

The high court said denying requisite treatment to survivors was a criminal offence and all doctors, administration, officers, nurses, paramedical personnel, etc., should be informed about the same.

The ruling allowed immediate examination of a survivor, who would be treated for sexually transmitted conditions such as HIV, if situation demands.

The treatment would not only include first aid but also diagnosis, in-patient admission, continued out-patient assistance, diagnostic tests, lab tests, surgery, physical and mental counselling, psychological help, family counselling, among other things.

The court clarified availing of free medical treatment by such victims/survivors from either government or private hospitals was not dependent upon a referral by the state or district legal services authority as it was a statutory right under Section 357C of CrPC, Section 397 of BNSS and Rule 6 (4) of POCSO Rules, 2020.

Notably, every medical facility was directed to put up a board at the entrance, reception, counters and all prominent places, in both English and vernacular, declaring the availability of free out-patient and in-patient medical treatment for such survivors.