Delhi High Court Mandates Free Medical Care for Rape, Acid Attack, and POCSO Survivors
In a landmark ruling, the Delhi High Court has directed that survivors of rape, acid attacks, and sexual assault, as well as victims of crimes under the Protection of Children from Sexual Offences (POCSO) Act, are entitled to free medical treatment at all government and private healthcare facilities. This decision aims to address the immediate and long-term medical needs of survivors, ensuring equitable access to healthcare without financial burden.
The ruling was passed by a division bench comprising Justice Prathiba M. Singh and Justice Amit Sharma. The bench emphasized that both Central and State Government-funded medical institutions, along with private hospitals, nursing homes, and clinics, must adhere to this directive. The Court’s decision is a significant step towards safeguarding the rights and dignity of survivors, prioritizing their need for comprehensive medical care.
Comprehensive Scope of Treatment
The High Court clarified that the term “treatment” extends beyond basic medical assistance. It includes:
First Aid and Emergency Services: Immediate care at the time of the incident.
Diagnostics: Laboratory tests, imaging, and other necessary diagnostic measures.
Surgical Procedures: Operations, if required, to address physical injuries or complications.
Inpatient and Outpatient Care: Prolonged hospital stays or follow-up visits for recovery.
Counselling Services: Physical and mental health counselling, psychological support, and family counselling.
The Court underscored the necessity of holistic care for survivors, recognizing that medical interventions often go hand-in-hand with emotional and psychological support.
Addressing a Critical Need
The judgment comes against the backdrop of numerous cases of sexual violence, acid attacks, and child abuse reaching the courts. Survivors often face significant challenges in accessing timely and adequate medical care. The Court highlighted the need for uninterrupted medical assistance, noting that delays can exacerbate the trauma and hinder recovery.
Legal Framework and Compliance
While existing provisions under the Code of Criminal Procedure (CrPC) and guidelines from the Ministry of Health and Family Welfare already mandate free medical treatment for such victims, the Court acknowledged gaps in implementation. This directive reinforces the obligation of healthcare providers to comply with these guidelines and removes ambiguities about the scope of services offered.
The bench also called for robust monitoring mechanisms to ensure that private healthcare facilities and nursing homes do not deny treatment to survivors. Strict action will be taken against institutions failing to comply with the ruling.
Ensuring Justice Beyond the Courtroom
This landmark judgment reflects the judiciary’s proactive approach to addressing systemic issues faced by survivors of heinous crimes. By ensuring access to free, comprehensive medical care, the Delhi High Court has reaffirmed the principle that justice extends beyond the courtroom and into the realm of rehabilitation and recovery.
The ruling sets a precedent that prioritizes the dignity and rights of survivors, urging society to take collective responsibility for their well-being.
