Free Medical Treatment for Rape, Acid Attack, and POCSO Victims at All Hospitals: High Court Orders

New Delhi (The Uttam Hindu): In a significant ruling, the Delhi High Court on Tuesday ordered that victims of rape, acid attacks, sexual assaults, and survivors of POCSO (Protection of Children from Sexual Offences) cases be provided with free medical treatment at both government and private hospitals, as well as nursing homes. A Division Bench consisting of Justice Prathiba M. Singh and Justice Amit Sharma directed that all institutions funded by central and state governments, along with private hospitals, clinics, and nursing homes, must adhere to the directive.

This will ensure that survivors of rape, acid attacks, and POCSO cases receive prompt medical care and essential services. The court clarified that "treatment" encompasses first aid, diagnosis, inpatient care, outpatient follow-ups, diagnostic and laboratory tests, surgeries if necessary, physical and mental counseling, psychological support, and family counseling. The judges noted that a large number of rape and POCSO cases are frequently brought before the judiciary, with survivors often requiring immediate medical attention or ongoing medical assistance, including hospital admission, diagnostics, surgeries, medications, and counseling services.

Although provisions under the BNSS (Section 357C of the CrPC) and guidelines issued by the Ministry of Health and Family Welfare (MoHFW) exist, the court highlighted that victims of sexual violence and acid attacks still face challenges in obtaining free medical treatment. To address this issue, the court issued several important directives, including instructing its ruling to be shared with all courts handling sexual offence cases, such as POCSO Courts, criminal courts, and family courts. The directive also aims to ensure that all victims and survivors are informed of their legal rights, as outlined in Section 397 of the BNS (Section 357C of the CrPC). Furthermore, the court ordered that appropriate steps be taken to refer such cases to relevant medical establishments—whether public, government, or private—whenever courts come across cases that require medical assistance for victims or survivors.