Delhi High Court Directs Free Care for Rape and Acid Attack Victims
In an unusual but a kind gesture the Delhi High Court on Tuesday requested that the government, private healthcare facilities and assisted living facilities offer free assistance to victims of sexual assault, rape, acid attacks, and POCSO (Protection of Children from Sexual Offenses) cases. All government funded organizations and private healthcare facilities must assist survivors of rape, acid assaults and POCSO cases with emergency medical attention, according to an order delivered by a bench consisting of Justice Prathiba M. Singh and Justice Amit Sharma.
According to the verdict, treatment includes all types of care including diagnostic, inpatient and outpatient treatments, laboratory testing, surgery, first aid and counseling assistance for survivors and their families. In rape and POCSO cases, the courts frequently deal with survivors who need immediate medical attention or more involved care such as hospitalization, diagnostic tests, surgeries, medications and counseling support services.
The Court has noted that survivors of acid attacks and sexual assault still face barriers to receive free medical care even after in the face of current BNSS or CrPC provisions and MoHFW guidelines. The Court has issued a number of directions, one of which is to distribute this ruling to all legal organizations that deal with sexual offenses such as POCSO Courts, Criminal Courts and Family Courts.
According to Section 397 of the BNS (Section 357C of the CrPC), the order guarantees that all victims and survivors are aware of their legal rights. Courts must also take the proper steps to refer instances that call for medical help to the appropriate public or private healthcare facilities.
The judges further stated that it is illegal to deny treatment to victims of sexual assault and that doing so could result in penalties for hospital administration, employees and physicians.
In this regard, the court specified 16 guidelines in total. The court ruled that HIV therapy and other sexually transmitted illnesses should be also offered if needed. The bench issued numerous guidelines, one of which was that the concerned medical establishment should not need identification in order to accept the victim in an emergency.
The court said this while hearing the petition of an accused who is facing life imprisonment for raping his daughter.
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